much Affection to Spain and made a short History of his Life and Negotiations With his Answer he produceth several Letters of Thanks for his Care First in the business of the Palatinate and then Answers punctually to every Article touching the Match with Spain and produceth the Declaration for Priviledge to the Roman Catholicks little less than a Toleration And he laid much Blame on the Advisers of the Princes journey to Spain and sets forth his own Care and Industry to hinder the Dukes designs then of perswading the Prince to change his Religion and that the Duke never perswaded or advised the Prince to be constant in the Protestant Profession He confesseth that in Discourse he delivered his Opinion for the Match of the Palzgraves Son with the Emperours Daughter so that the Son if he were bred in the Emperours Court might have Protestant Tutors and freedom of Religion for him and his Family He Justifies the performance of his Instructions in every point and declares the advantages of that Match with Spain He avowes his former Petition not to be Scandalous That he intends nothing but Honour and Service to the King and humbly submits all to the judgment of the Lords At a Conference with the Lords The Commons sent up an Impeachment against the Duke of Bucks managed by Eight of their Members Sir Dudley Digges made an Eloquent Introduction comparing England to the World The Commons to the Earth and Sea the King to the Sun The Lords to the Planets The Clergy to the Fire The Judges and Magistrates to the Air The Duke of Bucks to a Blazing Star The Articles were I. The Sale of Offices and multiplicity of great Offices in the Duke II. His buying the Office of Admiral from the Earl of Nottingham and procuring the King to give satisfaction to the Earl for it III. The like for the Offices of Warden of the Cinque Ports and Constable of Dover IV. The neglect of the Duty and Trust of his Office of Admiral whereby Pirates infested our Coasts and Trade decayed These were aggravated by Mr. Herbert V. Touching the Ship Peter of New Haven which being brought in some of her Goods and Jewels to the value of Twenty thousand pound were taken out of her and delivered to a Servant of the Duke and after an Order to Release the Ship yet the Duke kept the Goods and stayed the Ship still and thereupon our Merchants Goods were seised upon in France Selden Inlarged upon this Article and the prejudice of not Guarding the Seas and the Kings Right therein VI. His Extorting of Ten thousand pound from the East India Merchants by staying of their Ships VII His procuring the Ship Van-guard and Six Merchants Ships to be put into the hands of the French King and compelling the Owners to it which Ships were imployed by the French King VIII That these Ships to his Knowledge were to be used against Rochel These Articles were aggravated by Glanvil IX Sale of Honours procured by him and for his profit and the Lord Roberts threatned if he did not give Ten thousand pound to the Duke for his Title which he did give X. He sold the Office of Treasurer to the Lord Manchester for Twenty thousand pound and the Office of Master of the Wards to Sir Lionel Cranfield for Six thousand pound XI His procuring Titles of Honour for his Kindred and Allies and Pensions from the King to support their Titles These were aggravated by Mr. Pym. XII His Imbeziling the Kings Money and procuring Grants to himself of Crown Lands of a great value Upon this Mr. Sherland Inlarged and computed the Sums of his Gifts to Two hundred eighty four thousand three hundred ninety five pounds XIII The Plaister and Potions which the Duke caused to be given to King James in his Sickness a Transcendent Presumption of a Dangerous Consequence This was aggravated by Mr. Wandsford and Sir John Elliot made the Epilogue to the Impeachment Sir Dudley Diggs and Sir John Elliot were Committed to the Tower and the King came to the Lords House and told them of it And that he could clear Bucks of every one of the Matters whereof he was accused The Commons by Message to the Lords desire the Duke may be Committed and the Duke in the Lords House desires that his Tryal may be hastened The Commons upon Commitment of their Members caused the Door of the House to be shut and would not proceed in any other Business till they were righted in their Liberties Whereupon Sir Dudley Charleton in a Speech told them That in other Countries particularly in France they had formerly Parliaments as we have but when their Parliamentary Liberty was turned into Tumultuary Licence and their Kings found how those Councills indeavoured to curb them They took away and abolished those Parliaments and now the Common People wanting good Food looked more like Ghosts than Men and went in Canvas Clothes and Wooden Shoes At these Words the House cryed out To the Bar to the Bar and his Friends and Explanations had much a do to keep him from being brought upon his Knees to the Bar for his Speech But he went on and told the House That Sir Dudley Diggs in his Prologue to the Dukes Impeachment speaking of the Plaister applyed to King James said That he did forbear to speak further in regard of the Kings honour which his Majesty conceives to be to his dishonour and that Sir John Elliot was so uncivil and bitter against the Duke in his Epilogue That the King thought fit to Commit them both Hereupon every Member of the House made severally a Protestation That he did not give any consent that Sir Dudley Diggs should speak the words charged upon him Sir Dudley Digges being released out of Prison protested that he never spake those words and the King was satisfied that he did not but the Duke moved That every Lord might produce his Notes at the Conference and at length Thirty six of the Lords made a voluntary Protestation That they did not hear Sir Dudley Diggs speak those words at the Conference Not long after Sir John Elliot was Released who excused and Justified the passages of his Speech objected against him and by Vote the House Justified him and Sir Dudley Diggs and all the rest of the Managers of the Impeachment The Lords were Discontented at the Commitment of the Earl of Arundel about his Sons Marriage with the Duke of Lenox his Sister and with breaches of their Priviledges and upon the Release of Sir Dudley Diggs and Sir John Elliot The Lords Petitioned the King for the Earl of Arundells Release The King sent a Message That he was Committed for Personal Misdemeanours against the King and not for any matters of Parliament The Earl of Arundel had five Proxies which were lost by his Imprisonment and no President was found of any Peer Committed Sitting the Parliament except that of the Bishop of Winchester in Edward the Thirds
upon view of those proofs we shall be the better able to advise and your Lordships to judge what will be fit to be done in this matter Maynard Your Excellence and my Lord Chancellour are pleased to require our advice in this great business and we shall deal cleerly and freely with your Lordships which I think will be most acceptable to you and will in conclusion be best for your service Mr. Whitelocke hath begun thus and in speaking his own sense hath spoken much of mine and left me the less to say and I shall follow him in the same plainness and method as he hath begun which I presume will be most pleasing to your Lordships The word Incendiary is not much conversant in our Law nor often met with in our Books but more a term of the Civil Law or of State and so to be considered in this case and to be taken according to the expression wherein it is used in the Accord of the two Kingdoms and in the sense of the Parliaments of both Nations That sense of it which my Lord Chancellour hath been pleased to mention it doth bear ex vi termini and surely he that kindles the coals of contention between our brethren of Scotland and us is an Incendiary and to be punished as it is agreed on by both Kingdoms But my Lords as you have been told there must be proof made of such particulars of words or actions upon which there may be sufficient ground for a Parliament to declare their judgment that he who used such words or actions indeavoured thereby to raise differences and to kindle the fire of contention among us and so that he is an Incendiary Lieutenant General Cromwel is a person of great favour and interest with the House of Commons and with some of the House of Peers likewise and therefore there must be proofs and the more clear and evident against him to prevail with the Parliament to adjudge him to be an Incendiary I confess my Lords I do not in my private knowledge assure my self of any such particulars nor have we heard of any here and I believe it will be more difficult than perhaps some of us may imagine to fasten this upon him And if it be difficult and doubtfull it is not fit for such persons as my Lord General and the Commissioners of the Kingdom of Scotland as yet to appear in it but rather first to see what proofs may be had of particular passages which will amount to a clear proof upon which judgment may be grounded that he is an Incendiary And when such proofs shall be ready to be produced we may again wait upon your Excellence and the business will then be the more ripe for your Lordships resolution in the mean time my humble opinion is that it may be deferred Mr. Hollis and Sir Philip Stapleton and some others spake smartly to the business and mentioned some particular passages and words of Cromwel tending to prove him to be an Incendiary and they did not apprehend his interest in the House of Commons to be so much as was supposed and they would willingly have been upon the accusation of him But the Scots Commissioners were not so forward to adventure upon it for the reasons they said did satisfie them which were given by Maynard and Whitelocke until a further inquiry were made of particulars for proof to make him an Incendiary the which at length was generally consented to and about two a clock in the Morning with thanks and Complements Maynard and Whitelocke were dismissed they had some cause to believe that at this debate some who were present were false brethren and informed Cromwel of all that past among them and after that Cromwel though he took no notice of any particular passages at that time yet he seemed more kind to Whitelocke and Maynard than he had been formerly and carried on his design more actively of making way for his own advancement as will appear in progress of this insuing story The Lord sent to the Commons that a speedy answer might be given to the Papers of the States Ambassadors and for audience to be given to the French Agent and a Committee was named to consider of the manner of his reception A Report was made to the House by their Command of the particular passages betwixt His Majesty and the Committee that carried the Propositions to him which they had forborn before to mention but the House having an intimation thereof ordered the particular passages thereof to be Reported to-them which was done as I have mentioned them before The Commons ordered 6000 l. for providing store of Arms and Ammunition A party of the Newark horse being quartered near the Town Colonel Thorney fell upon them took 80 Horse one Major several inferiour Officers 2 Colonels 24 Troupers and Arms. The Commons took order for setling Magistrates in Newcastle though different from the Course of their Charter and disfranchised some of their Aldermen The Parliaments Committee at Newcastle sent up a great quantity of Coals for relief of the poor of London whereof the Commons gave notice to the Lord Mayor and orders for the distributing of them The Clause for Marriage in the Directory was agreed unto An Ordinance past for relief of Soldiers widdows Letters were ordered to several Counties for levying Arrears due to the Army and for the Deputy Lieutenants and Committees to assist the Commissioners of Excise The Commons agreed to the reception of the States Ambassadors as formerly Sir William Massey was made one of the Assembly of Divines The Court Marshal adjudged Sir John Hotham to have his head cut off Higgins the Lord General 's Trumpeter returned from Oxford where he said he was more courteously used than before and that the King commanded he should be kindly used and rewarded and that he was not as formerly hoodwink'd when they brought him in Prince Rupert by the King's direction sent a Letter to the General for a safe Conduct for the Duke of Richmond and the Earl of Southampton to bring unto the Parliament of England Assembled at Westminster and the Commissioners of the Parliament of the Kingdome of Scotland an answer of the Propositions lately presented to his Majesty for a safe and well grounded peace The Commons voted that no Member of either House of Parliament shall during this war injoy or execute any office or Command Military or Civil and that an Ordinance be brought in accordingly This was moved by Mr. Zouch Tate who brought it in with a similitude of a boyle upon his thumb and was set on by that party who contrived the outing of the Lord General and to bring on their own designes and they could find no other way than by passing a Self-denying Ordinance as they called it which would serve their turn both as a specious pretence of their own integrity and waving all self ends and so plausible to the people and would also
Parliaments party The King's Garrison in Latham-house as was informed contrary to an agreement and cessation of Arms â—allied out and did much mischief to the Parliaments friends Jan. 29. The Commissioners for the Treaty on both parts met at Vxbridge and had their several quarters those for the Parliament and all their Retinue on the North side of the Town and those for the King on the South side and no intermixture of the one party of their Attendants with the other the best Inn of the one side was the Rendezvous of the Parliaments Commissioners and the best Inn of the other side of the Street was for the King's Commissioners The Evening that they came to Town several Visits passed between particular Commissioners of either party as Sir Edward Hyde came to visit Mr. Hollis and Mr. Whitelocke the Lord Culpepper visited Sir Henry Vane and others of the King's Commissioners visited several of the Parliaments Commissioners and had long Discourses about the Treaty and to perswade one another to a compliance Mr. Whitelocke visited Sir Edward Hyde and Mr. Palmer and Sir Richard Lane and others and several of the Parliaments Commissioners visited divers of the King's Commissioners and had discourses with them tending to the furtherance of the business of the Treaty The Town was so exceeding full of company that it was hard to get any quarter except for the Commissioners and their Retinue and some of the Commissioners were forced to lie two of them in a Chamber together in Field Beds onely upon a Quilt in that cold weather not coming into a Bed during all the Treaty This place being within the Parliaments quarters their Commissioners were the more civil and desirous to afford accommodations to the King's Commissioners and they thought it fit to appoint Sir John Bennet's House at the further end of the Town to be fitted for the place of meeting for the Treaty The foreway into the House was appointed for the King's Commissioners to come in at and the backway for the Parliaments Commissioners in the middle of the house was a fair great Chamber where they caused a large Table to be made like that heretofore in the Star-chamber almost square without any upper or lower end of it The King's Commissioners had one end and one side of the Table for them the other end and side was for the Parliaments Commissioners and the end appointed for the Scots Commissioners to sit by themselves Behind the Chairs of the Commissioners on both sides sate the Divines and Secretaries and such of the Commissioners as had not room to sit next to the Table At each end of the great Chamber was a fair withdrawing Room and Inner-chamber one for the King 's the other for the Parliaments Commissioners to retire unto and consult when they pleased The first night of their being together a little before Supper an intimation was given that the Chancellour of Scotland expected both at the Table and Meetings to have precedence of all the English Lords and that Mr. Barkley and Mr. Kennedagh expected to have precedence of the English Commissioners who were but Esquires except Mr. St. John to whom they were pleased to allow precedence because he was the King's Sollicitour Upon Discourse the Arguments they insisted upon for the Chancellour were That he was the prime Officer of Scotland and had precedence of all Dukes there unless they were of the Blood Royal and both the Kingdoms being now united he was to have the same precedence in England as he had in Scotland To which was answered That he was not Chancellour in England nor had any precedence here but in courtesie as Earl of Loudoun that formerly when the great Officers of England attended the King into Scotland as soon as they came thither they ceased to execute their Offices and had no precedence there and that it ought to be alike with the Chancellour of Scotland when he was here For the precedence of Mr. Kennedah and Mr. Berkley before the Commissioners who were Esquires they were informed that Mr. Whitlocke and Mr. Crew were eldest Sons of Knights and that by the Law of England those were to have precedence next to Knights and consequently before the Scottish Gentlemen with which they were satisfied but still they insisted upon the point of the Chancellour's precedence The Earl of Northumberland smiled at this contest and seemed to contemn it of whose great Honour and Family and the Antiquity of it the Scots Commissioners could not be ignorant nor of the difference between that and the Family of the Earl of Loudoun Yet Northumberland moved for satisfaction of the Scots that the Chancellour and one other of the Scots Commissioners might sit at the upper end of the Table which was not taken for the chief but for the Womans place and the rest of the Commissioners to sit in their ranks on either side and so that matter was for the present settled Officers had been sent down from the Parliament to prepare all things fit for the Commissioners and for their Diet and Entertainment at which the Scots Commissioners were contented to have their share and things were ordered very nobly and handsomely Mr. Thurloe and Mr. Earle were Secretaries for the English and Mr. Cheesely for the Scots Commissioners none sate at the Table with the Commissioners but the Ministers when there was room and sometimes strangers or persons of Quality that came into them and a very full Table was there kept for them and alwaies before every Meal one of the Ministers Mr. Marshal or Mr. Vines and now and then Mr. Henderson prayed and suitable to the occasion On the first day of their meeting Jan. 30. in the Evening before they entred upon the Treaty each side desired to know the others power for the Treaty and to have Copies thereof A Petition from Kent presented by their Committee express their good affection to the Parliament and encourage the Commons to pursue the Self-denying Ordinance and the thanks of the House was returned them The King's forces advancing towards Newport Paganel Sir Samuel Luke the Governour was sent down thither Divers Orders were made for Supplies for the several forces The Members of the House attended the Burial of Mr. John White of the Middle Temple a Member of the House of Commons a Puritan from his youth to his death an Honest Learned and Faithfull Servant to the publick but somewhat severe at the Committee for plundered Ministers The Lords read the Bill or Ordinance for raising Forces under Sir Thomas Fairfax and the Commons ordered a Letter to be sent to him for his speedy coming up to the Parliament and whilst the Treaty for Peace went on they did not slacken their pains to prepare for War in case the Treaty should take no effect For the motion of the Scots Army Southwards Letters were past by the Commons and sent up to the Lords Jan 31. The Commissioners for the Treaty having
Scotland Lathom house defended two years by the Countess of Derby was surrendred to the Parliament upon Articles and in it were taken twelve pieces of Ordnance all their Arms and Ammunition and store of rich Prize and Pillage 8. Debate touching Ireland and voted that the Government thereof should be in one hand under one Governor to be yearly chosen Order for six thousand Suits of Apparel to be sent to Sir Tho. Fairfaxes Army Thanks returned to the Citizens of London for their readiness to advance Money for the Scots Army and for the Publick upon all occasions Order touching Compositions of Delinquents The Speaker of the House of Peers presented a Letter to the Houses which he received from Sir Thomas Glemham Governor of Oxford and therein one inclosed from the King desiring that a safe Conduct might be granted to the Duke of Lenox the Earl of South-hampton Mr. Jo. Ashburnham and Mr. Jeffery Palmer to come up to the Parliament of England at Westminster with Propositions for Peace this was ordered to be debated next day Sir T. F. Sent another Party of Horse with M. Desborough to joyn with Col. Whaley in streightning Oxford A Letter in answer of that from Sir T. F. to the Prince was written by the Lord Capell to Sir T. F. signifying the Princes desire of Peace but that he would not quit his Piety and Loyalty to the King 9. Order for Arrears for Sir Thomas Fairfax's Officers Order for the Ministers about London to give thanks to God the next Lords Day for the Surrender of Lathom House and a Collection for the Poor of Manchester Another Order for Col. Harvey to have Liberty to transport eight hundred and fifty Calve-skins Order for five hundred pounds for Arrears of Dutch Officers and for bayling Sir Roger Twisden Letters from the Worcester-shire Committee informed that Prince Rupert and Prince Maurice with an hundred and sixty Horse were gone from Worcest and in the way meeting with some opposition from that Country men under Sir Edward Dingly they slew five of them wounded others and so got to Oxford Order that Col. Booth with the Lancashire Forces that took in Lathom House should joyn with Sir William Brereton before Chester A Ship was taken in Blith-Haven in the North Fraught with Cannon Arms and Ammunition for Montross Another Ship taken at Burlington Haven and three at Sutton loaden with Deal and Timber very useful for the Siege of Newark 10. An Answer agreed upon to the Kings Letter touching propositions for Peace That the Parliament were most desirous of it could not consent to the coming of the Duke of Lenox c. into their Quarters because of the danger thereof but were themselves in consideration of Propositions for Peace to be sent by way of Bills to his Majesty and herein the Scots Commissioners concurred The Custody of the great Seal continued in the present Commissioners till the last of next February Some Letters and Papers of the Kings taken at Naseby relating to Holland ordered to be Printed and sent over to Mr. Strickland and the Lord Digby's Letters at Sherburne ordered to be Printed M. Arch-bold Governor of Cannon-Froome for the Parliament fell upon the enemies Quarters at Mava and took eighty of their Horse and Riders 11. Divers of the Assembly came to the House and informed them that a Printed paper in the nature of a Remonstrance was published by the dissenting Brethren of the Assembly which they conceived Scandalous to them and they desired they might make an Answer to it The House named a Committee to peruse the Remonstrance and consider of the Scandal in it and by what Authority it was published Divers being summoned by a forged Warrant to appear at London the House ordered that none should serve any Warrant from any Committee but by Deputation from the Serjeant at Arms. Order for slighting the out-works of Wrestel-Castle belonging to the Earl of Northumberland Mr. Bond made Master of the Savoy Hospital under the Great Seal Letters informed that Sir Charles Cooke and Sir Robert Steward with their Eorces slew five hundred of the Irish Rebels 12. Debate touching the propositions for Peace and a day set for Delinquents to come in to make their Compositions and this Order to be published and that those who came in and did not take the Covenant should be taken as Spies and an Ordinance to be drawn to injoyn them to take the Covenant Instructions passed for the Commissioners who are to reside in the Scots Army and a thousand pounds ordered to defray their Expenses An Order for Money for the Forces of Lincoln and of Lynne Regis 13. An Ordinance sent to the Lords to make C. Welden Governor of Plymouth Order for supplys for that Garrison of Ammunition and Money An Ordinance committed for establishing the Garrison at Abbington Order for a thousand pair of Pistols and three thousand pair of Boots to be sent down to the Scots Troopers The Siege was so streight at Chester that in the Town they ate Horse-flesh 15. Proceedings about the Propositions for Peace and in the afternoon upon private Petitions and voted a Rate upon French Commodities imported and English exported thither Mr. Bedding-field had a Pass to go beyond Seas and was released out of his imprisonment by both Houses Order for three thousand pound to pay the fifth part of the Arrears of the reduced Officers 16. Some difference of Opinion between the Houses and the Scots Commissioners about the answer to the Kings Letter for Peace Reference of a Petition of Sir Robert Cooke Order for two thousand pound per An. out of the Court of Wards for the Lord Say in consideration of his Losses and great Services Thirty pound given to the Gallery-keepers at St. Margarets Church A Party sallied out of Newark but were beaten back with four of their men killed but pursuing too far Captain Peat had twenty of his men taken Prisoners Another Party Sallying out of Newarke their Captain singled himself out by way of Challenge and was incountred by Captain Thorney's Lievetenant his Horse killed and himself taken Prisoner G. Leven left the Leager and went to New-Castle Letters informed that Sir Tho. Fairfax had taken divers of the Kings Garrisons near Exeter whereby they were streightned that his Forces took in Ful-ford House That a Troop of Col. Okey's Dragoons surprized a Ship laden with Serges going to the Lord Pawlet That divers Cornish men sue to make their Peace with the Parliament and that they generally refuse there to give Quarter to Gorings men Sir Tho. Fairfax sent a Regiment of Horse and two Regiments of Foot to take in Corse-Castle and Dunster-Castle was Besieged 17. Another Letter from the King was communicated to both Houses wherein he admires they should deny a Convoy for those he would send with Propositions telling them of their Protestations to agree to Peace and conjures them by the Miseries and Blood which hath
Receipt of the Customs to the Revenue Debate of an Act to constitute Commissioners to discharge poor Prisoners who have lain long in Prison and have no Estates to pay their debts and to force those who have Estates yet keep them and continue Prisoners but have liberty for their Keepers and will not pay their debts but go abroad as if they were not Prisoners The House Adjourned till the afternoon but there were so few Members that they could not sit Letters that a Ship of Washford in Ireland landed some men in the night on the Coast of Wales under the House of one M r Griffith Jones and told him that they were for Prince Charles King of Ireland whereupon he opened his doors but they carried him away Prisoner and plundered his House yet a party of the Parliament Horse quartered not far off came in saved some of the goods and took the Quarter-Master of the Ship and five Marriners At the Council of State Sergeant Bradshaw took his place of Lord President of the Council but he seemed not much versed in such businesses and spent much of their time by his own long speeches 12. Major General Laughern Poyer and Powel referred to be tryed by a Court Martial And referred to a Committee to consider of other Prisoners of War who are fit to be banished who for perpetual Imprisonment who for Execution and who for Composition Mr. Walter Montague Prisoner had leave upon security to go beyond Seas Order to reduce interest Money to six per Cent. Committees appointed about Compositions of Delinquents and about the several Receipts for Monies Order for the Arrears of Colonel Thorney slain in Lincolnshire in the Parliaments service to be stated and his Son to have one hundred pound per annum Sergeant Bradshaw made Chief Justice of Wales The Garison of Pontefract brake off their Treaty of Rendition because Major General Lambert insisted to have some excepted from mercy whereupon some Papers with Stones were thrown over the Walls to inform the Souldiers of it and then they came to a new Treaty Letters from Scotland that the Enemy at Enderness marched out four thousand strong and expected six thousand Danes to join with them that the Parliament there were very angry at the stopping of their Commissioners in England and that they are near to an agreement with their new King Charles II. A Petition from divers well affected in Norfolk directed to his Excellency Thomas Fairfax Lord General of the Forces raised for the defence of the Gospel of Jesus Christ and the inlargement of the liberty of the well affected English Recites the Sins and corruptions of the times and in all professions and prays 1. That none but men of known integrity fidelity and well affected to the cause in hand may be put into any Office military or civil and no Delinquent to be trusted in any Office 2. That no longer the Scandalous ignorant and Malignant Clergy may take the word of God into their mouths but a Godly and painful Ministry to be placed throughout the Kingdom that for their maintenance all Rectories may be restored those in the hands of well affected men to have a valuable recompence out of the Bishops Lands those in Delinquents hands to be taken away Tythes to be wholly taken away and every Minister to have one hundred pounds per annum to be rated equally upon the respective Parishes 3. That the Lords day Fast-days and the like be kept wholly from all manner of imployment except upon necessity 4. That the Laws against Swearing Cursing and Drunkenness be put in execution that there may be no more Inns nor Ale-Houses but what are needful to entertain Strangers going about lawful businesses and no Gaming nor any to be Vnlicensed 5. Papists to have no more but to maintain themselves reasonably and their Children to be bred Protestants 6. Schools and the Vniversities to be purged 7. That all Courts in the Country be put down and all causes under ten pounds value to be judged by two or three Neighbours to be chosen by the Parties and Perjury and Subornation of it to be death All Suits in Equity to be tryed by Juries not by Common Law Witnesses to be examined before the Judge except betwen two Nobles Knights c. who are able to stand a long Suit in Chancery No cause to hang above two Terms Lawyers to be reduced to a smaller number and their fees be be less and certain and but one Counsel in small causes 8. That who will may purchase Lands to be Freehold in Soccage for a reasonable Fine and that the base Oath of Fealty and Homage may make no more perjured Souls in the Kingdom 9. That the Army be purged of all disaffected to the cause and swearing and other sins be punished therein 10. That all taxes be taken off and the Army paid and satisfaction to the well affected out of Delinquents estates Deans and Chapters Lands c. that the Crown Lands defray the Pensions of the Judges the charges of the Navy c. 11. That Authors Printers and publishers of Scandalous and lying Pamphlets be supprest and severely punished 12. That Clipt and counterfeit Money be called in 13. That Fairs be kept only in Market Towns and small Fairs forbidden 14. For purging the Parliament setting Godly Guards about them bringing Capital Offenders to Justice and setling religion according to the mind of God Letters from the Hague that the Prince was there generally owned as King that the Episcopal Doctors flocked to him that Dr. Critton had a check for his railing Sermons The House sate not at the Councel of State they had some intelligence that looked dangerously and they expected difficulties That which seemed of most threatning was their own divisions and such Petitions as that before mentioned 14. A Letter from the Parliament of Scotland about the confinement of their Commissioners and justifying the papers delivered in by them Referred to the Council of State Referred to them to consider of Forces to be sent to Ireland and to nominate a General and other Chief Officers One of the Parliaments Frigats went to Sir George Carteret to Guernsey who after he had got possession of her turned off all the Mariners An Act passed for a new Seal for Cheshire Flintshire c. Order that Whitelock be injoyned to bring in a Declaration to satisfy the people touching the proceedings of Parliament Order for divers Members and the Master of the Ceremonies to attend the Prince Elector to Gravesend That the Committee of the Revenue provide Barges c. and that the Speaker and Members wait on the Prince to take leave of him Upon a report from the Council of State Voted that Sir Jo. Stowell and Judge Jenkins be tryed for their life That Wren Bishop of Ely and the Marquess of Winchester be not tryed for life but imprisoned till further order of the House
of the French Crown Order for Sommerset-House to be the Head Quarters of the Army Orders of the Councel for supplyes of Horse Saddles Pistols c. for the Lord Lieutenant Letters that many of Ormonds Men came in to the Lord Lieutenant That Sir George Askue sent Provisions to Dublin and more to the Leaguer before Tredah 17 Letters that the Commanders of the Rebells were in Factions and that Sir Charles Coot took advantage thereof to march into their Country and took in divers small Garrisons Letters that the Lord Lieutenant had fixed his Posts and begun his Batteries before Tredah That the Garrison often sallyed out upon him but were beaten back with loss That in the Town were 3000 Foot Souldiers and 500 Horse and they were victualled for five Months That Inchequin commits great wast as far as he dares venture about Dublin and Tredah by burning and driving away of their Cattle and hangs all he can meet with going in to the Lord Lieutenant That Ormond proclaimed whosoever should mention the Covenants Subscription or that the King should not come in but upon Conditions should be secured and his Estate Sequestred That Mr. Peters the Minister was arrived at Dublin and that at the beginning of the Troubles in Ireland he had a Brigade against the Rebels and came off with honour and victory and the like was now expected from him That the Lord Lieutenant for satisfying of the Country through which he was to march and that they might not be terrifyed with Fear upon his Approach set sorth a Declaration of his Intentions and to assure the Country that none of them should be injured behaving themselves peaceably and bringing in their Provisions c. Letters that 14 Sale of English and Dutch Ships were brought into Dunkirk and Ostend laden with Corn and other Goods and after the Goods Sold the Masters were forced to buy their own Ships That 15 small Ships of four and six Pieces of Ordinance a piece were manned out of those Ports with Commissions from Prince Charles to take the English Ships That the Governour of Dunkirk hath the 10th part of the Prizes and the Prince hath the 5th part That one of the Parliaments Ships brought in a New Ostend Frigat of 10 Guns a Prize and an Account of the several Convoys That Montrossis with about 5000 Men at Hamborough That the Packet-Boat with the Keel of a Ship striking her by a gust of wind was sunk and the Packets all lost but the Men saved 18 For an Honour to the E's of Pembroke and of Salisbury and of the Lord Howard of Escrigge Members of the House of Commons ordered That they might sit in all Committees of which they were before the Lords House was dissolved Allowance of 40 s. a week to an Irish Officers Widdow Mr. Noel made sole Treasurer at Weavers Hall 300 l. allowed to Lieutenant Goddyer for Losses sustained by him when he prevented the betraying of Tinmouth An Act past for Tryal of Pyrates and Robbers at Sea and of revolted Seamen and Mariners An Act past for maintenance for the Alms-Men and Free-School at Westminster A Letter from the Holland Ambassador in behalf of three Vessels loaden with Wines taken by the Parliaments Ships referred to the Committee of the Navy The Lord Ormond sent Instructions to his Officers to this Effect 1 That every man who hath submitted to his Majesties Authority be put into Possession of his Estate he contributing to the maintenance of the Army and necessary Burdens of the Countrey 2 That the Articles of War be put in Execution 3 That no Commanders in Ulster do assume to themselves the Nomination of any Military Officer upon pretence of any late Commission but leave them to our discretion as in this Kingdom hath ever been accustomed 4 Any that speak or act in prejudice of his Majesties Affairs let him be imprisoned and his Estate secured and Information sent up to us of the Nature of his Crime that we may give further order therein And if any Ecclesiastical Person in his Prayer or Sermon shall incite the People to Sedition or disobedience or shall intermeddle with the Managery of civil Affairs or derogate from the present Government or teach that his Majesty is not to be admitted to the Crown till he hath given Satisfaction to his Subjects or taken such Oaths or Covenants as are imposed on him without his consent contrary to Law and the Dictates of his own Conscience Vpon Proof thereof without further Circumstances let his Estate be confiscated to the use of the Army and himself be either Imprisoned or banished or tryed for his Life as the Case shall require 5 If there be any whose Loyalty is suspected let the chief in Command upon the place Minister to him the Oath of Allegiance and if he refuse let them securehis Person and Estate 6 For Inlargement of Quarters 7 Touching Forces coming from other Quarters into Ulster 8 Let the Siege of Derry be prosecuted by the common advice of the Lord of Ardes Sir Robert Stuart Sir George Monroe and C. Audley Mervin 19 Orders upon private Petitions By Sentence of M. G. Lambert C. Okey and the rest of the Officers at the Court Marshal at Oxford two of the late mutinous Souldiers were shot to death a third was reprieved and seven ran the Gantlope The University entertained the Officers with great Respect and presented them with Gloves That the Schollars offered to assist the Officers against the Mutineers and not above three of the Townsmen joyned in the Mutiny Letters that Sir Thomas Armstrong sallyed out of Tredah upon the Lord Lieutenants Quarters with 200 Horse but were so entertained that every one of them was enclosed and taken except Sir Thomas who escaped by the Goodness of his Horse That the Enemy hath 3000 Horse hovering about the Lord Lieutenants Camp but attempting nothing That 35 of the Renegadoes being taken ten of them were hanged in the Camp and the rest were sent to Dublin to be executed Letters that the English Merchants in Muscovia were commanded by the great Duke to sell all they had there and to depart his Dominions within a Year and not to come thither any more unless in the King of Englands Name and by his Patents So great a dislike did he conceive against the English andit was fully fomented by the Dutch upon the Parliaments proceeding against the late King and Kingship 20 Letters from Sir Arthur Haselrigg of want of Pay for his Regiment referred to the Committee of the Army Order for Mr. Genners Sallary Upon Debate of a Letter from the Holland Ambassador resolved not to dispence with the late Act against Importation of French Wines The Act past for the Schoole and Alms-Houses in Westmiuster and the allowance to Mr. Lambert Osbaldstone Debate of the business of the Miners of Derby-shire The Act passed against revolted Seamen and against Pyrates Another for suppressing Scandalous
caused to be published in Scotland for Justifying of his Proceedings Mr. Windram Layds of Libberton though hardly drawn to it was at length dispatched away with a Message to the Scots King after his arrival in Jersy he waited for an audience till an Agent that had come from Ireland was dismist Then being admitted to the Princes Presence he presented to him the Desires and Offers of the States of Scotland which were to this Effect 1 That he would sign the Covenant and pass an Act for all Persons in Scotland to take it and to ratifyall that had been done there concerning the same 2 That he would pass divers Acts of the Parliament of Scotland which were ratifyed by their two last Sessions as for his approbation of their disclaiming Dr. Hamiltons Design for receiving the several Acts made by the English for the Militia for the Kings of Scotland to have no negative voice in that Parliament 3 That he would withdraw his Commissions to Montross for raising Forces to be sent from beyond Seas into Scotland and to give present Order for the stopping thereof 4 That he would put away all Papists from about him and let none be of his Councel but known Protestants 5 That he would appoint some place about Holland to treat with Commissioners from the Estates of Scotland wro would send eminent Lords to him to treat and conclude there upon all particulars and from the time he should come into Holland they would provide for him what should be necessary to make him and his Train to reside in a Regal manner 6 That he would give a speedy Answer to their Desires These Propositions were much debated by the Prince his Councel who were of a different Sense concerning them nor could a present Answer to them be agreed upon the Priuce having ingaged himself to the Queen his Mother not to do any thing in matters of Importance without first acquainting her therewith and having her advice about them It was thought fit also speedily to acqnaint Montross with this Business Some of the Prince his Councel were for rejecting these Propositions as dishonorable and disadvantagious Others were for accepting them and a speedy agreement with that Party in Scotland which was most prevalent and by whom the Prince had greater Probability of obtaining the Crown than by Montross his Designs which were full of hazard and uncertainty Letters also came from the Queen urging that if the Scots Propositions seemed at present too severe and insupportable there might hereafter be opportunity as soon as he had obtained the Kingdom to free himself at least in some measure from the Inconveniences of them The main of his Councel tended to this that according to the Exigence of his Affairs at present it was absolutely necessary to comply with the Kirk of Scotland Montross advised the same and that the Banishment of himself might not hinder it but to that the King answered that he had found him so faithful and to have performed so eminent Services both to his Father and to himself that he could not in Justice or Honour leave him and desired him to urge him no further to it In regard the Answer to the Scots Propositions required some considerable time because it could not be compleated to be returned by the L. of Libberton Sir William Flemming was sent as Agent before hand to Edenburgh from thence to give Advice of the Affairs in Scotland that thereby the Councel might the better know how to frame the Answer Sir John Berkeley and C. Slingsby were sent into the West of England to sollicite the Kings Friends to rise in Arms for their Prince and being accidentally discovered by a Country Fellow were apprehended by the Committee of the County and sent Prisoners to Truroe The Prince had Ambassadors with the Emperour the Duke of Muscovia the State of Venice the Great Turk and with the King of Spain to whom the Substance of the Ambassy was 1 That the Parliament of England having been in Arms against his Father and prevailed against him and caused him to be put to Death 2 That he being Son and Heir to the late King was yet kept out of his Kingdom by the aforesaid Parliament 3 That he desired the King of Spain's Neighbourly Assistance and that he would afford him what Aid he could to Establish him into his Rights and Dignities in the Kingdoms To this the King of Spain made Answer 1 That he was sorry for his Fathers ill Success wishing he had been more prosperous 2 That he condold with him for his Fathers Death and was much affected with Sorrow at the manner of it 3 That concerning the difference between him and the Parliament and the Rights on the one or the other Side they being Matters out of his Territories and Jurisdiction he could not take Cognizance of them nor should he meddle therein But for any thing within his own Dominions he should be ready to do him what lawful Favour he could November 1649. The Princes continuance at Jersy was by his Councel held not fit to be much longer upon these Reasons 1 Because there was a considerable Fleet of the Parliaments come already to Portsmouth with store of Provisions and it was necessary to prevent the danger that might fall upon them in case those Ships should make an attempt upon the Island which that they would do was the more probable because there were already men landed in Jersy 2 That if they should lye under that hazard they knew not where to expect Relief except all other Services should be neglected and Prince Rupert and Montross called hither which would be the ruine of their Designs 3 That their removal would give great Satisfaction to the Kingdom of Scotland and be an Encouragement to their Friends in England 4 That thereby they should be the more free from Hazards and Dangers both as to themselves and others that should make addresses to them The Councel of State in England had good Intelligence of all the Transactions of the Prince and of his Councel which they procured by their Mony whereof some of the Prince his Servants were needy and would betray their Master for it The times were licentious and men took strange Liberty to calumniate all in Authority and to clamour if they had not what themselves thought fit respecting themselves and their private Interest and Concerns much more than the Rules of Right and Justice and the Law it self When the King of Portugal could neither by Force nor Intreaties be perswaded to cast off Prince Rupert out of his Protection the English Admirals resolved with patience to awaite his coming out and a long time they kept him in there till at last want of Provisions made them retire and give the Prince room Who immediately steered from thence to Malaga but in the Voyage perplexed with extraordinary Storms he lost his Brother Maurice who in the Vice Admiral was never since
and in the same sence are used in the Customary That which puts it further out of scruple is that there are yet extant the Manuscripts themselves of the Saxon Laws made in the Parliamentary Councels held by them here which are in the Language and Character of those times and contain in them many of those things which are in the Norman Customary It is no improbable Opinion that there was a former establishment of our Laws in Normandy before the time of H. 1. and that it was by Edward the Confessor who as all Writers of our History agree was a great Collector and Compiler of our English Laws He lived a long time with his Kinsman Duke William in Normandy who was willing to please the Confessor in hopes to be appointed by him to be his Successor wherein the Dukes expectation did not fail him The Confessor having no Children and finding Normandy without a setled Government and wanting Laws advised with his Kinsman Duke William to receive from him the Laws of England which he had collected and to establish them in Normandy which Duke William and his Lords readily accepted for the Good of their People and thereby obliged the Confessor Another Proof hereof is That such Laws as the Normans had before the time of D. William were different from those in the Customary and from the English Laws As their Law that the Husband should be hanged if the Wife were a Thief and he did not discover it The meaner People were as Slaves and the like and the trial of Theft by Ordeil which then was not in England Wigorniensis reports That the Normans who came in with Queen Emma the Wife of Ethelred were so hated of the English for their Injustice and false Judgment that in the time of King Canutus they were for this cause banished and it is the less probable that they being so unjust themselves should introduce so just Laws as ours are Between the Conquest of Normandy by Rollo and the Invasion of England by Duke William there were not above 160 Years that of Normandy was about An. 912. that of England An. 1060. It is not then consonant to reason That those Normans Pagans a rough Martial People descended from so many barbarous Nations should in the time of 150 Years establish such excellent Laws among themselves and so different from the French Laws among whom they were and all parts in the World except England And such Laws which were not onely fit for their Dukedom and small Territory but fit also for this Kingdom which in those dayes was the second in Europe for antiquity and worth by confession of most Forreign Historians If we will give Credit to their own Authors this Point will be sufficiently evinced by them these words are in the Proheme of the Customary which is titled Descriptio Normanniae Hucusque Normannicae consuetudinis latorem sive datorem Sanctum Edvardum Angliae regem c. The same is witnessed by Chronica Chronicorum That St. Edward King of England gave the Laws to the Normans when he was long harboured there And that he made both the Laws of England and Normandy appears sufficiently by the conformity of them for which he cites several particulars as of Appeals and the Custom of England ad probandum aliquid per credentiam duodecem hominum Vicinorum which he sayeth remained in Normandy to that day Polydore forgetting himself what he wrote in another place sayeth of King Henry the Seventh That when a doubt was made upon the Proposal of Marriage of his Daughter to Scotland that thereby England night in time be subject unto Scotland The King answered No and that England as the greater will draw it to Scotland being the less and incorporate it to the Laws of England as sayeth the Historian it did Normandy though the Owner thereof was Conquere in England And Sir Roger Owen in his Manuscript affirms That there is not any of our Historians that lived in the space of 200 Years immediately after the Conquest which doth describe our Laws to be taken away and the Norman Custome introduced by the Conquerour Some of them and not improbably mention the alteration of some part of them and the bringing in some Norman Customes effectual for the keeping of the Peace There is yet behind the great Argument most insisted on and often urged by the Gentlemen of another Opinion which is the Title of William who is called the Conquerour from whence they conclude That by his Conquest he changed the Laws and Government of this Nation and that his Successors reckon the beginning of their Reigns from his Conquest To this is answered that â posse ad esse non valet argumentum the conquering of the Land is one thing the introducing of new Laws is another thing but there is direct Proof to the contrary of this Argument Duke William never surnamed himself the Conquerour nor was so called in his life time as may appear by all the Letters Patents and Deeds that he made wherein he is called Gulielmus Rex Dux c. never Conquestor and our antient Historians give him the same Titles and not that of Conquerour In the Title of Nubrigensis's Book he is surnamed William the Bastard Malmsbury calls him W. 1. Hoveden W. the Elder Adam de Monmouth sayeth That 1. E. 3. this word Conquest was found out to denote and distinguish the certain Edward because two of the same name were Predecessors to this King and to the Conquerour who claimed the Crown as Heir to Edward the Confessor but saith he we call him the Conquerour for that he overcame Harold Duke William himself claimed to be King of England as Successor and adopted Heir of the Confessor by his Will and Harolds renouncing of his Title by Oath The Register of St. Albans Math. Paris and others attest that the Barons of England did homage to him as Successor and he relyed on them in his Forreign Wars and the check given to him by the Kentish men and the Forces gathered by the Abbot of St. Albans brought him to ingage to confirm the Laws of the Confessor and as his Successor by legal right they admitted him to be their King Volaterus writes That he was made Heir to the Confessor and was Vncle to him Another affirms That Edward by his Will left England to him Paulus Aemilius and Fulgasius are to the same purpose Pope Alexander the Second sent him a Banner as witness that with a safe Conscience he mighe expel Harold the Tyrant because the Crown was due to him by the Confessors Will and by Harolds Oath Agreeable hereunto are Gemiticensis Walsingham Malmsbury Huntington Ingulphus Paris Pike Wendover Caxton Gisborn and others The antient Deeds of the Abby of Westminster which were sometimes in my Custody do prove this King William in his Charter to them sets forth his own Title to the Crown thus Beneficio Concessionis Cognati mei gloriosi Regis Edvardi In his
Second Charter dated anno 15. of his Reign he sayeth In Honour of King Edward who made me his Heir and adopted me to rule over this Nation In his Charter dated 1088 of the Liberties of St. Martins the Great in the Manuscript thereof are these words In Example of Moses who built the Tabernacle and of Solomon who built the Temple Ego Gulielmus dei dispositione Consanguinitatis haereditate Anglorum Basileus c. The Charter of H. 1. his Son to this Abby In Honour of Edward my Kinsman who adopted my Father and his Children to be Heirs to this Kingdom c. In another Charter of Henry 1. in the Book of Ely he calls himself the Son of King William the Great who by hereditary right succeeded King Edward It is true that as to his pretence of Title by the Will of the Confessor Mathew Paris objecteth That the device was void being without the consent of the Barons To which may be answered That probably the Law might be so in H. 3. time when Paris wrote and was so taken to be in the Statute of Carlisle and in the case of King John But at the time of D. Williams Invasion the Law was taken to be That a Kingdom might be transferred by Will So was that of Sixtus Rusus and Asia came to the Romans by the Will of King Attalus the words by Annaeus Florus are Populus Romanus bonorum meorum Haeres esto Bythinia came to the Romans by the last Will of their King Nicomedes which is remembred by Utropius together with that of Lybia Cicero in his Orations tells us That the Kingdom of Alexandria by the last Will of their King was devolved to Rome And Prasitagus Rex Icenorum in England upon his death-bed gave his Kingdom to the Emperour Nero. As to Examples in this point at home this King William the 1. by his Will gave England to his younger Son William Rufus King Steven claimed by the Will of Henry the first King Henry 8. had power by Act of Parliament to order the Succession of the Crown as he pleased by Will. And the Lords of the Councel in Queen Marys time wrote to her That the Lady Janes Title to the Crown was by the Will and Letters of Edward 6. As the Case of Henry 8. was by Act of Parliament So Duke William after he had Conquered Harold was by the general consent of the Barons and People of England accepted for their King and so his Title by Will confirmed And he both claimed and Governed the Kingdom as an Heir and Successor confirmed their antient Laws and ruled according to them This appears by Chronica Cronicorum speaking of William the Bastard King of England and Duke of Normandy he saith That whereas St. Edward had no Heir of England William having conquered Harold the Usurper obtained the Crown under this Condition That he should inviolably observe those Laws given by the said Edward It is testifyed likewise by many of our Historians that the antient Laws of England were confirmed by Duke William Jornalensis sayeth That out of the Merchenlage West-Saxon-Lage and Dane-Lage The Confessor composed the Common Law which remains to this day Malmsbury who lived in Duke Williams time sayeth that the Kings were Sworn to observe the Laws of the Confessor so called sayeth he because he observed them most religiously But to make this point clear out of Ingulphus he sayeth in the end of his Chronicle I Ingulphus brought with me from London into my Monastery Crowland the Laws of the most righteous King Edward which my Lord King William did command by his Proclamation to be anthentick and perpetual and to be observed throughout the whole Kingdom of England upon pain of most heinous punishment The Leiger Book of the Abby of Waltham commends Duke William for restoring the Laws of the English Men out of the Customes of their Countrey Radburn follows this Opinion and these Laws of Edward the Confessor are the same in part which are contained in our great Charter of Liberties A Manuscript entituled De gestis Anglorum sayeth That at a Parliament at London 4 W. 1. the Lawyers also present that the King might hear their Laws He Established St. Edward Laws they being formerly used in King Edgars time There is also mention of the 12 men out of every County to deliver truely the State of their Laws the same is remembred by Selden History of Tithes and Titles of Honour and in a manuscript Chronicle bound with the Book of Ely in Cottons Library One of the worthy e Gentlemen from whom I differ in Opinion was pleased to say That if William the Conquerour did not introduce the Laws of Normandy into England yet he conceives our Laws to be brought out of France hither in the time of some other of our Kings who had large Territories in France and brought in their Laws hither else he wonders how our Laws should be in French Sir I shall endeavonr to satisfy his wonder therein by and by but first with your leave I shall offer to you some Probabilities out of the History That the Laws of England were by some of those Kings carryed into France rather than the Laws of France brought hither This is expressly affirmed by Paulus Jovius who writes That when the English Kings Reigned in a great part of France they taught the French their Laws Sabellicus a Venetian Historian writes That the Normans in their Manners and Customes and Laws followed the English Polydore Virgil contradicting himself in another place than before cited relates that in our King Henry 6. time the Duke of Bedford called together the chief men of all the Cities in Normandy and delivered in his Oration to them the many Benefits that the English afforded them especially in that the English gave to them their Customes and Laws By the Chronicle of Eltham H. 5. sent to Cane in Normandy not only Divines but English Common Lawyers by the Agreement at Troys So there is much more probability that the Laws of England were introduced into France and Normandy than that the Laws of Normandy or any other part of France were introduced in England If the Normans had been Conquerours of England as they were not but their Duke was only conquerour of Harold and received as Hereditary King of England yet is it not probable they would have changed our Laws and have introduced theirs because they did not use to do so upon other Conquests The Normans conquered the Isles of Guernsey and Jersy yet altered not their Laws which in their local Customes are like unto ours The like they did in Sicily Naples and Apulia where they were Conquerours yet the antient Laws of those Countries were continued I hope Mr. Speaker I have by this time given some Satisfaction to the worthy Gentlemen who differed from me That the Laws of England were not imposed upon us by the Conqueronr nor brought over hither either out of Normandy or any
Gospel in all void places and to unite two or three Parishes together so that none be above three Miles from the Publick meeting place and Commissioners named in the Report that such as shall be approved for publick Preachers may enjoy the maintenance set by Laws and such further as the Parliament hath or shall allow That where any scruple the payment of Tithes the neighbour Justices to set a value on those due which the owner of the Land to pay or else the Minister may sue for them That Committee held That the Incumbents Impropriators c. have a Right and Propriety in Tythes The House upon Debate of this Report the first part of it upon the question passed in the Negative It was moved in the House that the sitting of this Parliament any longer would not be for the good of the Common-wealth and that it would be fit for them to resign up their Powers to the Lord General this motion was seconded by several other Members and then the House rose And the Speaker with many Members of the House with the Mace went to Whitehall where they did by a Writing under their hands resign to his Excellency the Powers and Mr. Speaker attended with the Members did present this Resignation of their Powers to his Excellency accordingly The General with his Councel of Officers met where somethings were transacted in order to the settlement of the Government of this Nation Letters of Malignants in the North who bought up Horses and went with them towards Scotland Of Sixteen Horse within five miles of Berwick who seized some Gentlemen and others going to Berwick Fair and took their Horses Money and Clothes and then let them go That they seized upon two Soldiers and disarmed them and then dismissed them and took many Horses The Portugal Ambassadours brother made an Escape out of Newgate but was retaken The Councel of State Published a Declaration against the late Tumult at the New Exchange and forbid all persons of what quality soever to do or abet the like in any Publick place of trade or resort upon pain to be dealt with as disturbers of the Publick Peace whereof a strict account shall be taken and all Osficers to perform their duty for apprehending such Offenders and to prevent the like tumultuous Actions 14 Letters of Three prizes sent into Plymonth That the Sussex Frigot was blown up with her own Powder and about Fifty of her Men at Plymouth That there was an agreement for the Duke of Lorain to exchange his Country for Ireland That the Prince of Conde was to be King of Scotland and King Charles to be King of England onely That Middleton was Transporting from Holland great store of Arms and Ammunition to the High-lands 16 Letters of the Highlanders Levys of Men and Glencorns sending Warrants to adjacent Towns for Cloth Shoes Provisions and Money for his Soldiers or else he will exact it by force That Four of them met an Englishman going to gather up Money and killed him That the Highlanders are One thousand Foot well Armed and Five hundred Horse Of two Prizes brought into Pool by a private Man of War Captain Green That General Monck with his Squadron of Ships was in the Downs The late Parliament having resigned their Powers into the Lord Generals Hands by a Writing under their Hands and Seals The Lord General called a Councel of Officers and advised with them and with other persons of Interest in the Nation How this great burthen of governing England Scotland and Ireland with the Armies therein and the Navy at Sea should be Born and by whom They after several days seeking of God and advising in this Matter Resolved That a Councel of Godly Able and Discreet Persons should be Named consisting of twenty one and that the Lord General should be chosen Lord Protector of the Three Nations His Excellency the General about Three in the Afternoon came from Whitehall to the Chancery Court in this Equipage First went the Commissioners of the Great Seal then the Judges and Barons in their Robes after them the Counsel of the Commonwealth then the Lord Mayor Aldermen and Recorder of London after them the Lord General attended with the chief Officers of the Army a Chair of State was set in the Chancery Court and the General stood on the left hand of it uncovered till a large Writing in Parchment was read Containing the Power with which his Excellency was invested and how he was to Govern the Three Nations and the Oath to be taken by him His Excellency subscribed this Writing in the face of the Court and had the Oath given him by the Lord Commissioner Lisle and after this his Excellency sate down in the Chair covered then the Commissioners delivered up the Great Seal to him and the Lord Mayor his Sword and Cap the which his Excellency returned immediatly again to him then the Court rose and they went back to Whitehall the Lord Mayor himself uncovered carrying the Sword before the Lord Protector and coming into the Banqueting House Mr. Lockier made an Exhortation to them and so the Lord Mayor Aldermen and Judges departed The Instrument which his Excellency Subscribed was in these Words The Government of the Common-wealth of England Scotland and Ireland I. THat the Supreme Legislative Authority of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging shall be and reside in One Person and the People assembled in Parliament The Style of which Person shall be Lord PROTECTOR of the Common-wealth of England Scotland and Ireland II. That the Exercise of the chief Magistracie and Administration of the Government over the said Countries and Dominions and the People thereof shall be in the Lord PROTECTOR assisted with a Council The Number whereof shall not exceed Twenty one nor be less than Thirteen III. That all Writs Processes Commissions Patents Grants and other things which now run in the Name and Style of the Keepers of the Liberty of England by Authority of Parliament shall run in the Name and Style of the Lord PROTECTOR from whom for the future shall be derived all Magistracie and Honors in these three Nations and shall have the power of Pardons except in Case of Murder and Treason and benefit of all forfeitures for the Publick use And shall govern the said Countries and Dominions in all things by the Advice of the Council and according to these Presents and the Laws IV. That the Lord PROTECTOR the Parliament sitting shall dispose and order the Militia and Forces both by Sea and Land for the peace and good of the three Nations by Consent of Parliament And that the Lord PROTECTOR with the Advice and Consent of the major part of the Council shall dispose and order the Militia for the ends aforesaid in the Intervals of Parliament V. That the Lord PROTECTOR by the Advice aforesaid shall direct in all things concerning the keeping and holding of a good
and his Countenancing Orthodox Ministers and frequenting the publick Ordinances The Sweeds had good Success in Poland and in Muscovia Collonel Harvey committed to the Tower The Swedish Ambassador had Audience and related to the Protector his Masters successes A Paper of the Special Commissioners for Charitable uses read in the Churches in London inviting discoveries Cracovia was Surrendred upon Articles to the King of Sweden The Major-Generals and their several Commissioners met in several Counties to execute their Commissions The Protector and his Councel referred to Sir William Roberts and others the Examination of the Accounts of Collonel Harvey and Collonel Langham upon which they stand Committed The Ratification of the Treaty with the King of France returned by Monsieur de la Bastile the Kings Ambassador under the Kings hand and then the Protector ratified it and it was Sealed with the Great Seal of both Parties A Declaration for a publick Fast A Commission for appointing Justices of the Peace in Scotland Major Rolt arrived in Poland Envoy from the Protector to the King of Sweden A Declaration for a New Assessment The Peace between England and France proclaimed in London The French Ambassador by Invitation dined with the Protector The Swedish Ambassador having often solicited the Protector that Commissioners might be appointed to Treat with him and none being yet appointed he grew somewhat impatient and the more because none of the Grandees would vouchsafe to visit him by reason of a former Order of the long Parliament prohibiting the Conversing with Forreign Ministers neither were they willing that the Ambassador should come to them at which he wondred being so contrary to the Practice in his Countrey December 1655. Instructions published by the Protectors Councel in Scotland for the Justices of Peace in that Kingdom and for Constables and they Order the former Great Seal and Privy Seal there to be brought in The Tories in Ireland brought in the Copy of a Letter from Queen Christiana to the King of Sweden of her declaring her self to be of the Roman Catholick Religion and some Complements to the King Divers Ministers sent for by the Protector whom he acquainted with the Proposals made by Manasseth Ben Israel the Jew and referred them to the Consideration of the Ministers and others A Day of Fast publickly kept The French Ambassador went away A Brest Man of War with Commission from the Duke of York brought in the Queen Christianaes Absolution from the Church of Rome A French Man of War sunk by one of the English Fleet the Peace not being yet known Instructions to the Majors-General to take Security of all who had been in Armes for the King for their Peaceable demeanour and obedience to the Protector Audience to the Envoy of the Duke of Brandenburgh A Conference with Manasseth Ben Israel about admitting the Jewish Nation to Trade in England The Swedish Ambassador had audience The Protestors in Scotland Petitioned with Reasons against the Power of the Civil Magistrate in Church matters as contrary to Law and Scripture The Queen Christiana of Sweden Honourably received at Ferrara Additional Instructions to the Major-Generals Letters of Mr. Mannings being put to death by King Charles at Duynwald for holding Correspondence with those in England He was a Servant to Sir Edward Hyde and shot to death Audience to the Venetian Ambassador No Commissioners being yet come to the Swedish Ambassador he grew into some high expressions of his Sense of the neglect to his Master by this delay which was excused and the Protector made acquainted with it who thereupon promised to have it mended and to send suddenly to the Ambassador Mr. Meadow by Command of the Secretary of State Translated the Sweedish Treaty made by Whitelock January 1655. An Arch-Rebel in Ireland taken A Committee appointed for the business of Piedmont most of the Protectors Councel were of it Orders by the Protectors Councel in Scotland touching Delinquents payment of their Fines The Committee for Piedmont were very careful of the poor Protestants there to send relief to them The Envoy of the Elector of Brandenburgh had private Audience with the Protector Letters of the King of Sweden's prosperous Successes The Major-General and Justices of the Peace in Shropshire made strict orders for the suppressing of Drunkenness and Disorders and of Ale-Houses Players taken in New-Castle and whipt for Rogues The Sheriffs of the Several Counties declared Popish Books burnt in London The King of Sweden had a Son born at Stock-holm he was Baptized Charles Donnah o Derry the Arch Irish Traytor who had Murthered many English was Hanged at Dublin Letters of a Gallant action performed by the English in Jamaica against the Spaniards in the Indies An agreement made between the King of Sweden and the Elector of Brandenburgh The Lord Deputy Fleetwood and Collonel Sydenham told Whitelock that his Highness and the Council had appointed them to acquaint him with a Business of very great importance which is that they considering the present Condition of Affairs did hold it necessary forthwith to send an extraordinary Ambassy to the King of Swedeland about a business of the greatest Consequence and Honour that could be and most conducing to the good of the Protestant cause which was the uniting of that Interest preventing the differences that were likely to fall between that King and the Vnited Provinces and the Elector of Brandenburgh for which ends they had thoughts of Whitelock and Sir Christopher Pack to go to the King as Ambassadors from his Higness Whitelock thought he had enough of Danger and Trouble in his former Ambassy without the least reward or acknowledgment of his Service therein but instead thereof and notwithstanding the Success which God gave him yet at his return home he found Neglects and Slightings and was removed from his place of Commissioner of the Seal and was 500 l. out of Purse upon his Accounts These Considerations stuck with him and made him endeavour by all handsome pretences to be excused that Service And when Collonel Sydenham spake in commendation of Sir Christopher Pack Whitelock replyed that they might send Sir Christopher alone for he did not apprehend a necessity of sending two Ambassadors together They both to that said that the intention of sending Sir Christopher Pack was to manifest the Engagement of the City in this business and in it to put an honour upon them Whitelock alledged also that the King of Sweden's Ambassador here might probably conclude upon the Business intended without sending one from hence to him The Lord Deputy said that the Ambassador here had no Instructions for it Whitelock told him the Ambassador here he believed had instructions sufficient or might have them before Ambassadors could go from hence to Sweden And that to send him now who had been so lately with the same King would give an alarm to all the Popish Princes and
Middlesex for suppressing disorderly Innes and Ale-Houses 7. The Lord Commissioners Fiennes Strickland and Whitelock went to the Sweedish Ambassadors House as Commissioners from the Protector to Treat with him where they had a long debate touching Levies of Soldiers and hiring of Ships in one anothers Dominions which had been propounded by the Ambassador and certain Cautions put in by the Counsel here as to be only in such places and Ports as the Chief Governour of the Countrey where it was to be done should approve and not to be employed against the others Friends Against those Cautions the Ambassador offered Reasons That it would then be in the power of him in whose Countrey these were to be hired or levyed to make it wholly Fruitless by appointing inconvenient places as by his Master in Finland or by the Protector in Ireland or the like To which the Commissioners answered That the Chief Governour of the Countrey knew best the Condition of it and the State of Affairs there which might be much endamaged if the stranger should have the appointment of the places and then if either had a mind to break the Treaty It would not be difficult to find an occasion for it And that in these cases there must be a mutual considence in the Justice and Honour of each other After much debate this Expedient was propounded and not held unreasonable That the chief Governour of the Countrey where the Soldiers were to be levyed or Ships hired In Case he should not think fit to consent to the place desired he should then appoint some other convenient place for the accommodation of the party desiring it and as near as might be to the place which he desired As to the not Imploying the Soldiers or Ships against the Friends of the Party in whose Country they were had it was propounded by the Ambassador and not opposed by the Commissioners That the Soldiers might be employed defensively as in Garrisons but not offensively against the others Friends But concerning Ships the Ambassador insisted upon a Liberty to imploy them against the others Friends if those Friends attempted any disturbance of the Seas or Trade of him that hired the Ships and both parties instanced in case of the Kings of France or Denmark but neither instanced in case of the Hollanders though they were most intended The Point was left to further Consideration and there were other debates concerning the Form of Passports for Ships pursuant to the Treaty made by Whitelock in Sweden to which they referred it and also that point of the disturbance of Navigation after long debate such Passports they held would occasion deceipt and hardly be so framed as to avoid it In discourse with the Dutch Ambassador he was passionate even to indiscretion blaming the neglect of sending to the King of Sweden from the Protector and urging the Necessity of yet doing it speedily Being asked for what End he answered Concerning Trade and to prevent the doing of that which would be a hinderance to it intimating the Kings great Successes From the discourse it might plainly be Collected that he laboured to get an Ambassador sent from hence to Sweden chiefly for the advantage of their Trade Collonel Nappier being in France and in good repute there sent his Brother into England to procure leave to Transport some Irish from Ireland into the Service of France as a Recruit to his Regiment there But the Protector was not willing to suffer the Irish to go into the Service of France 9. The Sweedish Ambassador received new Advices from the King his Master concerning the great business of Uniting the Protestant Interest and owned that he had sufficient Instructions to conclude upon the General but that particulars could not so soon be determined nor so well as upon the place That it would be a difficult matter to Unite the several Protestants who have different Interests and that it would prove a long business Therefore his opinion was That it was not a Seasonable time for a general Vnion of the Protestant Interest But that if the King of Sweden and the Protector made a Conjunction first they might fall upon the Emperour and the House of Austria which would be of great advantage to England especially now they had War with Spain and that some Supply of Money and Men afforded to the King upon such a design would be of more benefit to the Protector than the sending out of great Fleets to the Indies and to the Coast of Spain which would return no benefit to this Nation But it was answered That notwithstanding the vast Expences of our Fleets at this time yet a War being begun with Spain it must be maintained and the War prosecuted with Vigor the People of England being ever contented to bear the Burden of their Taxes rather than the Injuries and Insolencies of their Enemies The Opinion of the Swedish Ambassador was plainly to be collected not to admit the Dutch to be Joyned in a Treaty with us affirming That if we would have the Dutch to be equal with us in point of Trade he thought it the way to overthrow the Trade of England The Dutch being able to Sell at under rates trading with less charge both for Ships Men and Victuals than the English could with this That the King his Master did not look upon the Duke of Briganza or the King of Portugal but upon the Salt that came from thence nor upon the King or Parliament or Protector of England but upon the Cloth and Nation acknowledging a due Civility to whomsoever they found Chief in the Government That it was the same reason for the Dutch to follow their Trade in the Baltick Sea as they might whether the Commodities thereof were in the hands of King Cassimere or of his Master It was objected That if they were all in one Hand and Power unreasonable Gabels might be required He answered That when that was they might complain but he believed it would not be at all 13. Fiennes Scrickland and Whitelock proceeded in the Treaty with the Sweeds Ambassador at his House they had long debates touching Contrebanda Goods in which list was inserted by the Councel Corn Hemp Pitch Tar Money and other things The Ambassador said That if they would likewise add Copper and Iron it would take in all the Commodities of his Masters Dominions and he might insist upon Cloath to be added which was as necessary for Soldiers as Corn and Money They answered That the particulars added were most usefull for War especially for our present Enemy the Spaniard and it was our Interest to debar him thereof The Ambassador said that in the Enumeration of Contrebanda Goods the present Condition of Affairs was not to be looked upon but how they were when the Treaty was made with Whitelock in Sweden by which the Enumeration was to be made within 4 Months then following And that as Hemp and Pitch were necessary for
against Supply without redress of Grievances this Parliament by Commission was dissolved The King followed his design of the War and to put the Fleet to Sea and made a League with the Vnited Provinces against the Emperor and King of Spain Then issues a Proclamation to Recall Recusants Children from Beyond Sea and against Popish Priests and to command all English in the Service of the Emperor King of Spain and Archdutchess to return to England The King sends out his Letters to the Lord-Lieutenants of Counties touching a general Loan of Money to him and Warrants are issued forth to disarm Recusants The Fleet being ready with ten Regiments the Lord Wimbleton was made Commander in chief great muttering was that this design was not known to the Council but to the Duke onely and that he went not in Person The English and Dutch Ships designed to block up Dunkirk were dispersed by storm and 22 Dunkirk Men of War with Land-Forces gave an Alarum to England and Ireland The Fleet came together again and neglected or preposterously attempted a great Booty of Spanish Ships in Cadiz Bay then the Army landed and took a Fort but the English finding store of Spanish Wines abused themselves and hazarded the ruine of all They were again Shipt and the General put to Sea to wait for the Plate Fleet but the ill condition of his men by a general Contagion enforced his return home without any honourable performance which caused great clamor but where the fault lay hath not yet been determined nor any punisht for it The General was accused by some of his Colonels and Seamen and examined before the Council he laid the blame on some who did not fight the Spanish Ships as he ordered them they denied that they had Orders to fight This fending and proving little salved the Honour of the Nation All Trade with Spain is prohibited upon Confiscation all the Trained Bands are Exercised The Plague still raged in London so that in one week there dyed 5000 persons it was also spread in many places in the Countrey In some Families both Master and Mistriss Children and Servants were all swept away For fear of Infection many persons who were to pay money did first put it into a Tub of Water and then it was taken forth by the Party that was to receive it When the Plague was somewhat assuaged and there dyed in London but 2500 in a week it fell to Judge Whitlock's turn to go to Westminster-Hall to adjourn Michaelmas Term from thence to Reading and accordingly he went from his house in Buckinghamshire to Horton near Colebrooke and the next morning early to High-Park Corner where he and his Retinue dined on the ground with such meat and drink as they brought in the Coach with them and afterwards he drove fast through the Streets which were empty of People and overgrown with Grass to Westminster-Hall where the Officers were ready and the Judge and his company went strait to the Kings-Bench adjourned the Court returned to his Coach and drave away presently out of Town Sir Edward Coke and other Gentlemen who had appeared the last Parliament against the Duke were made Sheriffs and so could not be chosen Parliament-men Coke excepted against several parts of the Sheriffs Oath and by advice of all the Judges one of his Objections was allowed to wit the Clause To destroy Lollards which by Order of the King and Council was left out of the Oath and so continues The carriage of the Bishop of Lincoln towards the Duke at the Parliament at Oxford was remembred and he was sequestred from the King's Presence and from the Council and from the Custody of the Seal which was given to Sir Thomas Coventry and he was sworn a Privy Councellor and Lord Keeper The King finding the discontents of his Subjects increased thought fit to call another Parliament and first Commands are given to the Bishops to proceed against the Papists by Excommunication and a Proclamation confines them The King determines to leave Mountague to the Parliament to the great regret of Bishop Laud. The Coronation of the King is appointed on Christmas-day and Commissioners made to receive and determine Claims concerning Services to be then done Knights of the Bath are to be made and a Proclamation issues for all that had 40 l. per annum to come in and receive the Order of Knighthood A Day of Thanksgiving was kept for the ceasing of the Plague In London and the Out-Parishes this year dyed 54265 persons whereof of the Plague 35417. The King's Coronation was performed with the usual Ceremonies and Solemnities by Bishop Laud onely the King's Robe was White Sattin because as some say Purple could not be then had The Bishop of Lincoln having received no Writ of Summons to this Parliament desired the King that he might make his Proxy and besought him to mitigate the Duke's causeless anger towards him The Parliament being met the Lord Keeper made a Speech to them Of the Benefit and Constitution of Parliaments and the King's love of them and his striving whether he should be major or melior a greater King or a better man and that the causes of calling them were to make good Laws and to execute Justice Then the King approved of the Speaker who made an Harangue suitable to the Times Extolling the King and praising Monarchy Parliaments Bishops Lords Commons Laws Judges and all that were in place and inveighing against Popery and the King of Spain And concluded with the usual Prayer That his Majesty would allow the Priviledge of Parliament Freedom of Debate and Access to his Royal Person The Commons began to fall upon the Publick Grievances the Miscarriage of the late Voyage to Cadiz the mis-imployment of the Kings Revenue Evil Councels Favouring of Papists The Loans Taxes and many other which they referred to Committees They likewise Exhibited Articles against Mountague The Privy Councel required the Bishop of Durham to Apprehend such of his Majesties Subjects as should be present at Mass and to Commit them to Prison and the Kings Attourney sent Letters to the Judges to direct their strict proceedings against Recusants in their Circuits The Commons questioned the Seising of the Ship The Peter of New Haven by Sir James Bag upon which our Merchants Ships and Goods were seised in France The Duke said he would justifie it by the Kings Order The Council of War for the business of the Pallatinate were called into the House of Commons but made no clear Answer The King by Message and the Lords press the Commons for Supplies They proceed as to the Grievances by the method of Evils and Remedies and Resolved 1. That the Diminution of the Kingdom in strength and honour is an Evil which we suffer under 2. The Increase and countenancing of Papists 3. The not Guarding of the Narrow Seas 4. Pluralities of Offices in one hand 5. Sales of Honours and
Protestations Votes Messages Answers and Replies We are now come to the question of raising Forces and naming a General and Officers of an Army But what Sir may be the progress hereof the Poet tells you Jusque datum sceleri Canimus populumque potentem In sua victrici Conversum viscera dextra We must surrender up our Laws Liberties Properties and Lives into the hands of insolent Mercenaries whose rage and violence will command us and all we have and Reason Honour and Justice will leave our Land the Ignoble will rule the Noble and Baseness will be preferred before Vertue Profaneness before Piety Of a potent people we shall make our selves weak and be the Instruments of our own ruine perditio tua exte will be said to us we shall burn our own houses lay waste our own fields pillage our own goods open our own veins and eat out our own bowels You will hear other sounds besides those of Drums and Trumpets the clattering of Armour the roaring of Guns the groans of wounded and dying men the shrieks of deflowred Women the Cries of Widows and Orphans and all on your account which makes it the more to be lamented Pardon Sir the warmth of my expression on this Argument it is to prevent a flame which I see kindled in the midst of us that may consume us to ashes The sum of the progress of Civil War is the rage of Fire and Sword and which is worse of bruitish men What the Issue of it will be no man alive can tell probably few of us now here may live to see the end of it It hath said He that draws his Sword against his Prince must throw away the Scabbard Those Differences are scarce to be reconciled these Commotions are like the deep Seas being once stirred are not soon appeased I wish the Observation of the Duke de Rohan in his Interest of Christendom may prove a Caution not a Prophecy He saith of England That it is a great Creature which cannot be destroyed but by its own hand And there is not a more likely hand than that of Civil War to doe it The Issue of all War is like a Cast at Dice none can tell upon what square the Alea belli will light The best Issue that can be expected of a Civil War is Vbi victor flet victus perit which of these will be our portion is uncertain and the choice would be avoided Yet Sir when I have said this I am not for a tame resignation of our Religion Lives and Liberties into the hands of our Adversaries who seek to devour us Nor do I think it inconsistent with your great Wisdom to prepare for a just and necessary Defence of them It was truly observed by a Noble Gentleman That if our Enemies find us provided to resist their Attempts upon us it will be the likeliest way to bring them to an Accord with us And upon this ground I am for the Question But I humbly move you to consider whether it be not yet too soon to come to it We have tried by Proposals of Peace to his Majesty and they have been rejected Let us try yet again and appoint a Committee who may review our former Propositions And where they find the matter of them as our Affairs now are fit to be altered that they present the Alterations to the House and their Opinions and that as far as may stand with the Security of Us and our Cause we may yield our Endeavours to prevent the Miseries which look black upon us and to settle a good Accommodation so that there may be no strife between us and those of the other Party for we are Brethren After great Debate it was voted That an Army should be raised for the Defence of King and Parliament That the Earl of Essex should be Captain General of this Army and the Earl of Bedford to be General of the Horse A Committee was appointed of both Houses to confer with the General and to nominate Colonels Field Officers and Captains of this Army The Earl of Holland Sir John Holland and Sir Philip Stapleton were sent with a Petition to the King to Beverly To Disband his Forces recal his Commissions of Array dismiss his Guards and to return to his Parliament All which he refused The Parliament were furnished with Money by Loans upon the Publick Faith and by the endeavours of sundry Ministers and others a great quantity of Money Plate and Ammunition was brought in even by some poor Women to their Wedding Rings and Bodkins The King was furnished with Moneys from the Queen upon the pawned Jewels and by Contributions from the Cavalier Lords and Gentlemen and a Loan from Oxford University The King removed from Beverley to Leicester where he courted the Inhabitants But the Earl of Stamford was there proclaimed Traytor for he removed the County Magazine to his house and set Guards about it but the Parliament vindicated him by a Declaration The King raiseth and arms a Regiment in York-shire for the Prince The Parliament declare all the Commissioners of Array to be Traytors and order them to be apprehended And the King proclaims Essex and all the Colonels and Officers of his Army who should not instantly lay down Arms to be Rebels and Traytors And orders Marquess Hertford his Lieutenant General to march against General Essex August 12. The King published his Proclamation and Declaration very large in setting forth what he had done in favour of the People and satisfaction of the Desires of the Parliament then the evil Actions of the Parliament against him and in all justifies his own and condemns the Parliaments Proceedings And is to be seen in Print The Parliament took 100000 l. of the 400000 l. voted to be raised for Ireland which the King remembers and they justifie and recriminate the King's hindrance of the Irish business and say That some of his Counsellors fomented that Rebellion and they promise satisfaction out of Delinquents Estates to those who shall receive damage from the King's Party August 22. The King at Nottingham Erects his Standard to which not so many resorted as was expected Three days after he sends Propositions to the Parliament by the Earl of Southampton Sir John Culpepper and Sir William Vdall Members of Parliament but they were not admitted to sit in the House The Parliament gave Answer to this Message That till the King recall his Proclamations of Treason against Essex and the rest and take down his Standard they can give no other Answer The King replies That he never intended to declare the Parliament Traytors nor set up his Standard against them But if Proclamations of Traytors be recalled by them he will recall his and take down his Standard They desire him to put away his evil Counsellors and to return to his Parliament And vote That the Arms of the Parliament for Religion Laws and Liberties of the
Because it is the desire of the Parliament of Scotland 3. The agreement upon the Treaty will be the more authentick 4. It 's probable having no Army the King will condescend to that which at Uxbridge and Oxford he refused 5. It is not the way of Treaties to confirm any before all is agreed especially what is of greatest concernment and will be chiefly insisted upon Vote for M r Ashburnham to be offered in exchange for Sir W. Masham A Petition in behalf of M r Rolfe Letters from Wales of a design to betray Denbigh Castle prevented An Ordinance past for a Troop of Horse to be raised in Surrey another for Hampshire and a third for Caernarvon The vindication of Major General Skippon against a scandalous Libel ordered to be posted in London An Ordinance for the adjacent parts to be added to the Militia of London and a Petition against it referred to a Committee Letters of the Victory gained by Colonel Rossiter before mentioned a list of the Prisoners Officers and Gentlemen of quality about five hundred Prisoners taken eight Carriages with Arms and Ammunition Colonel Pocklington and Colonel Cholmely slain with many Officers and Souldiers to the number of about two hundred all their bag and baggage taken Letters from Major General Lamberts quarters that his men took near to Carlisle a hundred Prisoners Horse and Foot and forty Horse that that Alarm in the Night caused all the Enemies Forces thereabouts to flye into Carlisle saying they would not fight till the Scots were come in to joyn with them 11. A Letter from Colonel Hammond desiring that Osbornes charge against Mr. Rolfe may come to a speedy hearing it reflecting so highly upon the Army and upon him and being an horrid scandal whereof he clears his own innocency and the Officers of the Army and Mr. Rolfe and if the House have any suspicion of him if they please to send down another to be in his place he shall willingly resign An Ordinance past both Houses for continuing the Excise two years longer Debate of an Ordinance of Indempnity for the revolted Sea-men that shall come in by a day the rest to be out of mercy and Instructions for incouragement of Sea-men referred to a Committee An Ordinance past both Houses for money for the Lincolnshire Forces Another transmitted to the Lords to pay off poor Souldiers and Widows A design of the Malignants in Worcester prevented and Mr. Harcourt and others apprehended for it Order for the Garrisoning Worcester by Colonel Dingly and Hartlebury Order for accommodations for Mr. Rolfe and for a Letter of thanks to Colonel Hammond for his good services The Committee of both Houses and the Committee of the Common Council of London had several meetings and Treaties about their ingagement for the safety of the King and Parliament during the intended Treaty at London The Common Council explained their meaning upon several particulars of their former Petitions 1. They will ingage that the King and Parliament may meet and treat free from Force and violence this they mean by the word safely 2. By the word defend they mean that during the Treaty they will defend the King and Parliament so much as in them lies free from all Force and violence 3. That if the Treaty be in London the City will for the present defray the charge of the guard during the Treaty and afterward referr themselves to the King and Parliament for the satisfaction thereof 4. That in case the intended treaty shall be in London and his Majesty and the Parliament shall not agree then the City conceive themselves bound to submit to the Wisdom of both Houses touching the disposal of the Kings person 5. That the Common Council and Officers Military do declare that they are ready according to their ingagment as much as in them lyes by the Trained bands to guard and defend the King and Parliament against all Force and violence And they desire to have the Militiaes united and to be inabled to raise Forces and that during the Treaty no Forces may come within thirty miles of London without their consents That those who shall make any tumult or disturbance during the Treaty may be punished with Death that none who have born Arms against the Parliament or contributed thereunto shall during the Treaty come within thirty miles of London without leave of Parliament That the Treaty may be with all expedition for preventing of further inconveniences and that if the Treaty be in London the Common Council will indeavour to find out a convenient place for it and accommodations They also ordered that the Common Council-men within their several Precincts should indeavour to get the subscriptions of the Citizens to this ingagement which was done accordingly Letters from Colchester Leaguer that the besieged are in great want of victuals and Horse-meat that their guard who were to secure those that came out to get Horse-meat were beaten divers of them killed and some taken Letters from St. Needs that Colonel Scroop with his party from Colchester Leaguer sent after the Earl of Holland and his Party came to Hartford and with skilful guides from thence were brought to S. Needes before the Lords could shift away yet had got into some Bodies with their Party in the Town That the Parliaments forlorn being entred charged and routed the Earl's Party before the Body came up and when they came the Earl's Party sled several ways yet many of them fell as Colonel Dalbier who was slain in the Inn Sir Kenelm Digbyes Son another Colonel and divers others were slain The Earl of Holland craved quarter in his Chamber and had it with him were taken Prisoners Sir Gilbert Gerrard Colonel Skeimister Major Holland Major Stepkin Lieutenant Colonel Goodwin and a hundred Prisoners besides That the Parliaments Souldiers had above a hundred Gallant Horses store of gold and Silver and rich clothes they had but two men slain and Colonel Scroops Captain Lieutenant wounded they were so tyred with their long march that they could not pursue the Enemy That the Duke of Bucks was fled with about forty Horse towards Lincolnshire Intelligence that the Lord Andover going to the Prince was taken and put into Dover Castle 12. A Declaration transmitted to the Lords giving twenty days to the revolted Ships to come in or else to be taken as Traitors and their goods to be confiscated and this to be sent to them by the Lord Admiral Letters that after the defeat given to Langdales Forces by Colonel Lilburn he having intelligence that nine thousand Scots were entring England to joyn with Langdale drew towards Lambert to joyn with him That Duke Hamilton sent a Complement to Major General Lambert that he was upon advance with an Army towards England for that the Parliament of England had given no satisfaction to the desires of the Parliament of Scotland and could not avoid the Northern parts of England He assures Major General
Lambert that he intends no hurt to him or to the Kingdom which his future carriage would demonstrate The Major General returned answer that as to not satisfaction with this Parliament he had nothing to say but as to his coming in hostile way in England he would oppose him to the utmost and fight him and his Army as Traytors and Enemies to the Kingdom That this great breach of the Covenant and large Treaty between the two Nations he doubted not but would be revenged upon them to their utter ruine and was assured of assistance herein by all true English men and right Covenanters of the two Nations Letters from France that Prince Charles was sailed from Calice to Holland 13. Order to prevent tumults that no more Prisoners of quality shall be brought up to London but be disposed of to other places of strength The Earl of Holland was sent Prisoner to Warwick Castle Order for a thousand Foot and five hundred Horse to be raised and maintained in Essex out of the estates of those who ingaged with the Lord Goring The House approved Articles made by Colonel Rich upon the surrender of some Castles in Kent and that a letter of thanks be sent to him and ammunition for his Regiment Order that the Estates of the Duke of Bucks of the Lord Francis his Brother and Sir Francis Ratcliff in the North shall go towards the maitenance of the Forces of Major General Lambert 14. Letters from Major General Lambert that Duke Hamilton was advanced into this Kingdom with an Army of ten thousand men with whom Sir Marmaduke Langdale is joyned and that their Army is about Carlisle The House declared that the Forces now come out of Scotland into England in an hostile manner being without the authority of the Parliament of England are Enemies to England and that all such English or Irish that shall adhere to or assist them are Rebels and Traytors to England and shall be proceeded against and their Estates confiscated as Traytors and Rebels Order for twenty thousand Pounds for the Forces in the North and that all the Revenues of the King Queen and Prince in the North shall be paid by the Receiver of Yorkshire to the Commander in chief of the Northern Forces for their maintenance and referred to the Committee of Darby House to consider of sending more Forces down to Major General Lambert Here you may take notice of a strange turn in the affairs of this Parliament to which all humane affairs are subject but in these times much more than ordinary You have read the great indeavours formerly to bring them in as Friends to assist the Parliament and remember the story of their actions and return home again now the other faction in Scotland prevailing the Scots are turned Enemies to England and invade them with a considerable Army before they joyned with the Parliament against the King now they joyn with the Kings Forces against the Parliament How like the Sea the People of the world are still ebbing or flowing always in an uncertain motion and constant in nothing but inconstancy Debate upon the Citizens offer of security to the King and both Houses of Parliament during the Treaty if it be at London 15. Letters from Lieutenant General Cromwel to the General and to the Committee of Darby House that 11. of July last the Town and Castle of Pembroke were surrendred to him upon Articles That Langhorne Poyer and four more Officers surrendred to the mercy of the Parliament Sir Charles Kemish Sir Henry Stradling and about ten more Officers and Gentlemen were to depart the Kingdom within six weeks and not to teturn in two years and all the rest to have liberty to go to their homes and not to be plundered The sick and wounded men to be taken care of the Towns-men not to be plundered but to injoy their liberty as heretofore The Town Castle Arms Ammunition and provisions to be delivered up to Lieutenant General Cromwel for the use of the Parliament That Cromwel prepared to advance towards Lambert to joyn with him again the Scots The House declared to adhere to their former Vote that the three propositions shall be signed by his Majesty before a personal Treaty be had with him and a Committee was appointed to draw reasons to satisfy the Lords concerning the same Letters from the Isle of Wight that the King declared to divers of his party and wished them to declare it to others that the Governor Colonel Hammond was a man of honour and trust and had carryed himself civilly and respectfully to his Majesty That Osborne had unjustly and ungratefully aspersed the Governor and as touching the preservation of his person from Poyson or any such horrid design the King said he was so confident of the honesty and faithfulness of the Governour that he thought himself as safe in his hands as if he were in the Custody of his own Son Letters from Colchester Leaguer that the Enemy were all drawn up into the high Street but were beaten in with loss upon their sally forth That Captain Jailler got out of the Town and came to the General and told him that many of the Souldiers in the Town would come to his Excellencie if they knew his Conditions That the General had made a breach in the wall and beat the Enemy from their guards That Colonel Whaley with some of the Suffolk Foot fell upon a Church which the Enemy had fortifyed who presently cried for quarter and that there were taken about eighty Prisoners most Kentish-men Intelligence that the Duke of Bucks party was wholly routed near Oundleby Captain Butler and the Duke with Sir Thomas Bludder and about a hundred more got away privately towards London From Colchester Leaguer that the General had taken Sir Jo. Lucas his House and the Gate-House which was hotly disputed till a hand Granado was by Cromwells men thrown among them which lighting upon their magazine of Powder about forty of them were blown up about sixty taken Prisoners the rest of a hundred and forty were destroyed and killed This so inraged them that being confined within the walls they fired all the Suburbs round about a very sad spectacle the Houses for above a mile together being all of a flame one of the Companions of War 17. Voted that after the three propositions signed the King be desired to name three places within ten Miles of Westminster of which the Parliament to choose one where the Treaty with his Majesty shall be had The Commons confirmed what was done by the Governor of New Castle in laying the Tax on Coals and Salt there They gave twenty pounds to the Messenger of the surrender of Pembroke Castle Voted a pardon to divers that were in the Insurrection in Kent and to all that came in upon the Indempnity offered and to such as can make it appear that they were forced A Petition from the Tower-Hamlets and from
Southwark c. That the personal Treaty may be hastened and those Militiaes united to the City They had thanks for their good affections and were told that the house had already voted the uniting of the Militiaes Letters from Colchester Leaguer that the Enemy attempted to escape by a Ford but the Parliaments Scouts firing at them they retreated in again That the General to prevent shedding of more blood and the ruine of the Town sent another Summons to the Earl of Norwich the Lord Capel and Sir Charles Lucas to surrender the Town to the service of the Parliament to which they returned a scornful answer that if any more Letters of that kind were sent to them they would hang up the Messenger That presently after the return of the Generals Trumpet the Enemy set fire on another Street of the Town That before any attempt upon the Town the General intends to send for all women and children to come out Letters from the North that Duke Hamilton was come in person into Carlisle where he was received with shooting of Ordnance and ringing of Bells that he marched himself in the Van of his Army his Trumpets in rich Liveries and his Life-guard with Standards and Equipage Prince-like with his Carriages but little Artillery that being expected by them at Carlisle and Sir Marmaduke Langdale with three thousand English to joyn with the Duke The Duke sent a Letter to Major General Lambert to the effect before mentioned and that he was commanded by the Committee of the Estates of Scotland to prosecute their desires here against the Sectaries to liberate the King from his base imprisonment and the two Houses of Parliment from constraint and for the disbanding of all the Armies whereby the subject may be free from Taxes and Quarter and for setling peace and a firm Vnion That being the intentions and desires of the Kingdom of Scotland he expects Lambert will not oppose their just pious and loyal undertakings but rather joyn in prosecution of these ends and desires his present and positive answer To this Letter Lambert returned answer that as to the transactions of the Parliament he could give no answer seeing they are laid open to the view of the world and known to his Excellency That as to the English Forces being drawn upon the borders of Scotland he can the better give answer to that having the conduct of those Forces by Commission from the Lord General Fairfax and his positive Command to be most tender in acting any thing that might give any seeming occasion of offence to our Brethren of Scotland which he hath punctually observed That he believes it never entred into the thoughts of the Parliament or his Excellency the Lord General Fairfax to act any thing prejudicial to the Kingdom of Scotland That the occasion of their drawing Forces near the borders is notoriously known to be for suppressing of Sir Marmaduke Langdale and his adherents many of them Papists and grand Delinquents opposers to the ends of the Covenant and who are risen in rebellion against the Parliament That he wonders at the suggestions of the Parliament of Scotland that the Parliament of England is under Force when all English men except Sir Marmaduke Langdale and his adherents do act only by the immediate authority of the Parliament who sig and command all freely Then he vindicates the Parliaments Proceedings for Peace and to free the People from Taxes and Quarter he concludes that the resolutions of the Committee of Estates are wholly grounded upon mistakes and desires the Duke to consider if they be not contrary to the Covenant He saith that he must in prosecution of the trust reposed in him to the utmost of his power oppose all Forces raised or brought into this Kingdom except those by authority of the Parliament of England in which he hopes the D. will not oppose but rather assist him if the Parliament of England shall desire it 18. A Declaration transmitted to the Lords of the Victories God had given to the Parliaments Forces within a few late Months Letters from Major General Lambert that the Scots Army was joyned with Sir Marmaduke Langdale that they were in all about twelve thousand Horse and Foot he desired supplies of Money and men and it was referred to the Committee of Darby house to take care of it A Petition from the Common Council of London to the House of Commons that no Tax or Imposition may be laid upon New-Castle Coals and that the House would consider of disposing the profits of all places and imployments injoyed contrary to the self-denying Ordinance and the Votes of Parliament Junii 10. 1647. and of Customers Excise-men Committee-men c. for the publick occasions of the Kingdom Another Petition was to both Houses for adding fifteen persons named by the Common Council to be of the Militia of London Another Petition not from the Common Council but with ten thousand Hands to it that the Militiaes may continue distinct that the Parliament would keep the power in their own hands and call what Forces they please to their assistance These and other Petitions from Southwark Westminster c. for joyning the Militiaes together and some against it were referred to a Committee to hear all parties and their Claims and report their opinions to the House A Petition from the Water-men upon the Thames for a personal Treaty and settlement of Peace the Petitioners had thanks for making their Addresses by a few of their Company and were told that they were witnesses of the Parliaments indeavours for Peace who had now the same things under consideration for which they petitioned and would do therein what they judged best for the Kingdom Order for a day of thanksgiving for the great Victories obtained by the Parliaments Forces Letters from Colchester Leaguer that those within the Town made several attemps to escape away but were beaten back again some of them killed and divers wounded That they refused another summons of the General to surrender the Town 19. Intercepted Letters from one in Carlisle that they expect the Prince of Wales there that he sent a Declaration to Sir Marmaduke Langdale to publish to the Army and Country that the King his Father being kept Prisoner by the Parliament he is resolved to use all possible means to free him and re-inthrone him and desires all men to joyn with him therein And he ingages and desires Langdale and his friends to ingage in the Princes name that all who have formerly acted for the Parliament and shall now come in and joyn with him shall not only have their Pardon and Indemnity but all their Arrears satisfied 20. Letters from the Committee of Surrey of a late Insurrection at Horsham but suppressed and that Mr. Middleton a member of the House of Commons was a party in it and imprisoned by that Committee which the House approved and sent for Mr. Middleton
up to be examined Debate upon the Scots Declaration of the grounds of their Armies coming into England The Lords desired the concurrence of the Commons to Indemnify the Duke of Buckingam for his late Ingagement if he came in within fourteen days Scots Letters intercepted by Major General Lambert communicated to the Lords and a Vote passed that all who have invited the Scots Army into England or shall assist them are Traitors and recalled their Commissioners from Scotland they having proclaimed War against England 21. A Vote that all who have served the Parliament and afterwards revolted to the Enemy shall be tried for their lives being Prisoners by a Council of War and that the General do give Commissions to persons in the several Counties for Tryal of such revolted persons by Martial Law Captain Yarrington informed the House of a design of Sir Henry Lingen and other Deliquents to surprise Doily Castle Hereford and other places which the Captain by his indeavours prevented and the House ordered him five hundred pounds out of Lingens Estate and the rest Instructions transmitted to the Lords for Mr. Bence and Mr. Strickland to go to the Lord Admiral and to advise him and be assistant to him upon all occasions 22. Upon a Petition from the Lord Mayor Aldermen and Common Council of London concerning the listing of Souldiers under Major General Skippon the House insisted upon their former Ordinances touching this business and approved what was done therein Referred to the Militia of the out-parts and of the several Counties to receive all Complaints touching miscarriages in listing of Souldiers without authority of Parliament Letters from Colchester Leaguer that those in the Town have begun to eat Horse-flesh and have provided store of Pitch and Tar to fire and throw upon the Besiegers and sithes to cut them off in case they attempt a storm 24. Power given to the Lord Admiral to grant indempnity to such revolted Mariners as shall come in An Ordinance past the Commons for forty thousand pounds for the Northern Forces out of the Excise and another for the revenues of the King Queen and Prince in those parts for those Forces and an Order for a train of Artillery for Major General Lamberts Army Captain Clarks action approved in hindring the transporting of some Scots out of Ireland into England and ordered that those Scots who shall refuse to be so transported and shall not desert the Parliaments service shall be equally provided for with the rest of the English Souldiers of that Kingdom Debate upon the large Catechism Letters from the North that upon the advance of the Enemy with their whole body the Parliaments Forces by directions from their Council of War did retreat being fewer in number and expecting additional Forces and being not forward to ingage before they understood the pleasure of the Parliament concerning the Scots Army coming into England That the Enemy followed them but Colonel Harrison gave some check to them and was wounded and Captain Cromwel slain that the Enemy attempted to enter Appleby where the Parliaments Foot were who repulsed them and Colonel Hatfield charged a great body of the Enemy and forced them to retreat that about forty of them were slain and not above three or four of the Parliaments Forces 25. At a Conference the Commons gave reasons to the Lords why the three propositions should be sent to the King to pass before the Treaty 1. Because the disaffected party in and near London where the Treaty is likely to be is such that if the King grant not the Militia before he comes there will be no safety nor likelihood of the Treaty to proceed for many will indeavour to bring in the King without any agreement and to the destruction of the Parliament 2. If the Presbyterian government be not setled all things in the Church will be in great confusion and the Ministers great sufferers and in high distaste with the Parliament 3. If the Declarations be not recalled the Parliament is not in a Capacity to treat having been declared Rebels and Traytors and no Parliament but a pretended one which was never done by any of the Kings Predecessors The Lords answered that they could not imagine nor was it probable that the parts about London who had petitioned for a Treaty would put it on for the disadvantage of the Parliament 2. They did not apprehend any prejudice to the Parliaments party during the Treaty 3. His Majesty had declared he would consent to all together and not to any before all was agreed and that in case there were no agreement they were all in state as before and that these particulars would require Debate To these the Commons replied that his Majesty was not ignorant of the full demand of those particulars having been often presented to him and to the two first he had declared a willingness and was not obliged to pass them as Bills unless all other things were agreed upon and if no agreement he being at liberty a new War was like to insue That there was no doubt but those about London who had petitioned for a Treaty would put it on to the disadvantage of the Parliament being such who have not only Petitioned the re-establishment of his Majesty without conditions but have taken up Arms and were now in Arms to cudgel the Parliament as those of Colchester said into a Treaty That if these three propositions be not past before the Treaty which is supposed will be in or near London nothing will be determined how his Majesty shall be who shall be with him or how the disaffected to the Parliament shall be ordered and things not setled by Law may be received Episcopacy may be set on foot again Ministers put out Ordinances for money be denied and his Majesty and the Parliament be in War again as formerly Intercepted Letters from the Scots referred to a committee to find out the Key of the Characters with power to send for and secure persons concerned Letters from Major General Lambert of his retreat and referred to the Committee of Derby House to command Forces from Gloucester or any other Garrisons to joyn with Lambert in the North. Order for the Ships at Munster to joyn with Captain Clerk to hinder the transport of Scots out of Ireland into England Order for collecting the arrears of the assessments in the City and Counties Power given to the Lord Admiral to dismiss such Ships as he shall find not fit for the Parliaments service Order for addition to the Forces at Southampton Several Ordinances past both Houses for removing obstructions in sale of Bishops Lands and for the Militia in Dorset and Huntington-shires Orders for money for Hurst Castle and for Carisbrook Castle and for two thousand pounds out of the Estates of the Duke of Bucks and Earl of Holland for pay of a Troop of Horse in the Isle of Wight And for five hundred pounds for another Garrison
Aldermen and Common Council of London expressing how much the City was unsatisfyed and jealous of the listing of Horse and Foot under Major General Skippon and praying that no more may be listed unless by him and the Militia of London and that those already listed under him may be disbanded The House ordered a Committee to conferre with the Common Council about this matter and the grounds and reasons of this jealousie to be reported to the House the Lords gave great satisfaction to the Petitioners adding in their answer that they would live and dye with the Petitioners Letters from Lambert with intelligence that some additional Forces were coming to the Scots and desiring more Forces to be hastened to him the House sent the Letters to Lieutenant General Cromwel with orders for him to expedite his march North-wards News that Scarborough Castle was revolted and that the Prince was in the Downs and had not yet landed any men and that one of the Prince his Frigats was taken near Margarts by some of Sir Michael Liveseys Troups with the assistance of a Boat and two Sea-men 31. Votes for pay of arrears to the Northern Officers disbanded upon discovery of concealed money due to the State An Ordinance committed for the better regulating of the Estates of Papists and Delinquents Upon a Petition from the out-parts not to be joyned with the Militia of London the House thanked them for their constant affections and good service and referred them to attend the Committee in this business Referred to the same Committee to consider of the great abuses mentioned in their Petition for joyning of the Militias An Ordinance past the Commons for money for Armes and Ammunition Another for a Troup of Horse to be raised for the Isle of Ely and for seventy pounds a week to be raised in that Island to maintain the Troup The Letters and Commission taken in Captain Greens Frigat reported to the House and ordered to be communicated to the Common Council of London were to this effect Letters from Dublin of a difference between Preston and Owen Roe that they fought and Preston killed five hundred of Roes men and lost a hundred of his own men That the Lord of Ormond was expected at Corke upon whose coming thither was intended a General revolt in that Kingdom that a Combination of the Lord Grandison Sir Jo. Giffard Colonel Willoughby and divers others of quality to surprise Dublin City and Castle was detected and some of the Plotters imprisoned The Prince his Commission to Captain Green was thus Charles Prince of Great Britain Duke of Cornwal and Albany Highest Captain General under his Majesty of all Forces both by Sea and Land within the Kingdom of England Dominion of Wales and Town of Berwick c. He constitutes Green Captain and chief commander of a Ship and gives him power to do or cause to be done to the Rebels all possible damage and hostility in their Shipping Commerce and Navigation and to take and apprehend sink and fire or otherwise to impair and destroy their Ships Vessels men and goods and all things belonging to them or any that assist them c. Given at S. Germain en lay the 6 of June 1648. Letters to Sir Alexander Gibson in Scotland from one in London to this effect That in London they are generally right only Skippon makes some disturbance by Listing of Horse and Foot but that more are Listed for the King and a Petition framing in the City and the Lords have done something in it to incourage the Kings Friends I shall referre you to T. Hamilton for the business in the West for that in the North is ours already And Colonel Matthew Boynton shall be sainted 291. is not yet ready to be dispatched for Colchester which can hold out yet a month I hope you had mine of the unfortunate success of H. the Earl of Holland c. Letters from New-Castle of about four hundred Scots unarmed come for supplies to Duke Hamilton that the cry is very great of the People of Berwick Cumberland and Westmorland being turned out of all by the Scots who with wives and Children take possession the English choose rather to wander than endure such oppressions Letters from Lamberts quarters that about thirty Troups of General Cromwels Horse were joyned with Lambert that they had some bickerings with the Scots Scouts and beat them to their Guards that the English Army is much increased by Nottingham Leicester and Derby Forces August 1648. 1. Order to remove the Governor of Tâ—â—tershal Castle An Ordinance transmitted to the Lords for levying of Forces in the County of Middlesex Report of the Conference with the Common Council that they were very sensible of the high favours in the Houses condescending so low to give them reasons for their Actions in Parliament and gave the House most Humble thanks for the same But withal the House were acquainted with an Act of Declaration of Common Council passed last Night for Listing of Horse by the Militia of London which was referred to the Committee to treat with the Militia about the same Order for printing the intercepted Letters going to Scotland and the Prince his Commission to Captain Green Debate of a Letter to be sent from both Houses to the Assembly of the Kirk of Scotland acquainting them how far the House hath proceeded in setling the Government of the Church and how they have been obstructed therein by the Risings in several parts of the Kingdom and by the marching of an Army of Scots in this Nation the draught of the Letter was committed Order that Major Rolfe should be bayled and Colonel Lilburne released from his imprisonment and for a Conference with the Lords about the same and a Committee named to consider how Colonel Lilburne may have satisfaction for his sufferings The Lords concurred with the Commons to treat with the King in the Isle of Wight and to an Order to send Major General Mitton into North-Wales to suppresse the Insurrections there The danger of Langer-Fort and of Loving-Land referred to the General Letters sent to several Counties about speedy payment of the Assessments of the Army Report of the Lord Riches House in Devon being taken by a Party of the Kings Letters from Colchester Leaguer that those within are very quiet that two demy-Cannons planted against S. Marys Church after a few shot brought down a great part of the steeple and the Ordnance mounted upon it and buried them in the heaps of rubbish 2. Order for a Troup of Horse and a Company of Foot to be added to the Garrison at Dover and for a hundred and twenty men to be added to the Garrison of Lonway Castle Order for Major Wildman who was committed with Lieutenant Colonel Lilburne to be discharged of his imprisonment Ordinance transmitted for an imposition upon Coals Grindstones Salt c. Both Houses agreed on these Votes 1. That a Message be sent to
issue in several Counties to inquire what loss is sustained by particular persons by the invasion of the Scots that satisfaction may by given therein 24. An Ordinance for settling Delinquents estates for maintaining a Troop of Horse in Surrey A Committee made to examine a Plot in the City and the House approved of their Committing Major Rivers and others to Windsor Castle 25. Order for the Judges to go the Northern Circuit if they please A second Letter from Lieutenant General Cromwel confirming the total routing of the Scots Army with a list of the Prisoners and a hundred Colours taken sent up to the House who gave a hundred Pound to Captain Pilson that brought the Letters and referred them to the Committee of the Army as to providing necessaries for the Army Both Houses past the Letter to his Majesty with the Votes inclosed in relation to a Treaty and Sir Peter Kelligrew dispatched away with it to the King The fourty thousand Pound charged in Goldsmiths Hall for the Scots as part of their two hundred thousand Pound was now ordered for the service of the Navy Letters from Colchester Leaguer That the Lord Norwich Lord Capel and Sir Charles Lucas sent a Letter to the General That the Officers advising upon his former Letters demanding the persons of all the Officers with them above the quality of a Lieutenant to render themselves to mercy it was unanimously resolved by them not to yield to the mercy of any other but that of God alone That to avoid effusion of blood they sent now the lowest conditions which in Honour they can receive conceiving the like have never been refused to any lower reduced than they they offer to send one Gentleman or more to clear any scruples in words in the Letters the Articles proposed by them were inclosed To this the General returned answer That when he locked upon their condition to be far better than now it is he then offerd such terms as were thought suitable to their condition but now they being in a worse posture both in relation to themselves within and to any expectation of relief from without it is not to be expected from him that their conditions should be better therefore he was still resolved not to grant any such terms as were demanded by them 26. Referred to the Committee at Derby house to dispose of the Noblemen and other Prisoners taken at the fight at Preston unto such Castles and places as they shall think fit An Ordinance past for taking away obstructions in the sale of Bishops Lands Letters from Colonel Rich of the surrender of Deal Castle upon Articles which the House approved and ordered Colonel Rich to be Governour there and gave one hundred pound to Lieutenant Axtel who brought the news to them Referred to the Committee of the Army to take care to repair Deal and Warmer M r Ailburton staid at Tilbury in his going to the Prince was ordered to be delivered to the Lord Admiral to be transported into Scotland Debate about the Militia Intelligence that Langdale with about ten Gentlemen more disguised were taken about Nottingham and were now Prisoners there and that Duke Hamilton was forced by the Country who had eased him of one thousand of his Horse to fly to Vxeter in Staffordshire and was there blocked up and that Lieutenant General Cromwell was gone further against Monroe Letters from Colchester Leaguer that the enemy sent out a Drum with M r Bernadiston one of the Committee and Colonel Tuke one of their party to desire to treat upon what was formerly offered by the General And by a full Council of War it was resolved that in regard the inferiour Officers and Souldiers in the Town had slipt their opportunity that now they should only have fair quarter And provided that the Committee under restraint be forthwith released that a Treaty be admitted upon circumstances necessary for the clearing and orderly performance of the fair quarter now offered and to treat as to securing the Town from Plunder and the Lords General Officers Captains c. to be rendred up to mercy That the private Souldiers on both sides held treaties among themselves which caused the Enemy to send out so hastily to treat upon terms of mercy fearing that their private Souldiers among themselves had agreed to deliver them up That the Officers in the Town gave the Souldiers Sack burnt Claret Raisins and good words to joyn with them to break through the Parliaments Army and prepared Poles and Boards to break over North Bridge which way they intended to escape When they were all drawn out into the Town the Souldiers agreed among themselves not to consent to their going out knowing that then they would break through themselves and leave the Souldiers to the mercy of the Parliaments Army And some of their Souldiers got to the gates and said they would kill their Officers if they offered to stir out and so continued in an high Mutiny 28. Debate about Compositions An Ordinance for sequestring all Scots that ingaged in the late action and had any Estates or Places here Letters from Colchester concerning the surrender of the Town Colonel Wayte a Member of the House reported the taking of Duke Hamilton and above three thousand Horse and Men at Vxeter all prisoners at mercy but had quarter given them by the Lord Grey and the Duke was sent to Ashby de la Zouch The House gave one hundred pound to Major General Smithson and one hundred pounds to Major Evans and Ordered thanks to the Counties for their assistance Order to sequester Sir H. Gibbes Estate A Committee to examine Duke Hamilton and others who say they were invited to come into England by ten for one more now than they were before Intelligence from the Downs that the Prince had a design to go to the Scots Army but the Saylers would not agree to it but consented to go against the Earl of Warwick and in the mean time hearing of the defeat of the Scots Army they altered their course that the Earl of Warwick went out to fight with them Letters from Colchester that the Articles were signed and Colonel Raineborough's Regiment and another entered the Town and saw a sad sight of so many fair Houses burnt and so many Inhabitants sick and weak with living upon horses and dogs and eating the very draught and grains for preservation of their lives 29. Sir Peter Killigrew returned with the Kings answer to the Votes touching the Treaty That he did accept the Treaty and desired the Commissioners might be speedily sent fully authorized and instructed not doubting but what is now wanting will upon debate be fully supplied not only to the furtherance of the Treaty but to the consummating of a safe and well grounded peace He desired a pass for one to go from him into Scotland and inclosed in his Letter a List of such as he desired to be sent
his Majesty had agreed to the proposition for recalling Oaths Proclamations c. and the preamble thereof Letters from Lieutenant General Cromwells quarters That Messengers came to him from the Lord Argyle and his Associates to inform him of their dislike of Duke Hamilton's coming into England with his Army and of Monroe's being there with his Forces and desired Cromwells assistance against them That Cromwell by advice of his Council of War answers that he will assist them and with all heartiness joyn with them against Monroe and desires nothing more than the subduing and rooting out of trust all loose persons and such as are Enemies to goodness and good men and desires his Letter may be kept as a Testimony against him and those under him of their hypocrisy if they did not joyn with them for these ends with all cordialness Letters that Monroe fell upon a Party of Argyle's men when they were in Treaty contrary to the Agreement The Lords voted the approbation of Lieutenant General Cromwells entring into Scotland by directions from the Committee of Derby House and that he may assist those in Scotland who dislike Duke Hamiltons coming into England if they shall desire it of him Divers after they were called over in the House went out of Town again the same day God forgive them for their Negligence 27. The publick Fast-day Letters from France of the troubles there and of Mazarine and the Prince of Conde c. 28. The Commons concurred to the Votes of approving Lieutenant General Cromwells entring into Scotland and to a Letter to be written to him to prosecute his Victory and take all advantages for recovery of Berwick and Carlisle Letters that Colonel Monk fell upon the Scots quarters in Ireland who were drawing out under Major General Monroe to joyn with his Nephew Monroe's Forces in Scotland that he had taken Carickfirgus and Belfast and had Monroe and all his Forces Prisoners Order for five hundred pounds to be bestowed on Colonel Monk and a Letter of thanks to him and his Officers and Souldiers and that he be Governour of Belfast and be advised with for a Governour of Carickfirgus and the Committee of Derby House to give him a Commission and to consider of an Establishment of pay for his Forces This Action and success was one of the first that brought Colonel Monk into extraordinary favour with the Parliament and Army who began to have more confidence in him than they had formerly since his revolt to them Order for a day of thanksgiving for this success in Ireland Letters that the King and the Commissioners in the Treaty proceeded upon the proposition for setling of the Church Government 29. Debate of an Ordinance for setling five hundred pounds per annum Salary upon each of the Judges of the Admiralty and a Proviso agreed upon that they take no mony of any persons upon any pretence whatsoever Order for five thousand pounds out of Delinquents Estates for payment of the Horse-guards that attend the Parliament Upon Petition of the Commissioners of the Excise all the Members of the House were added to the Committee of Excise and Ordered in their several Counties to endeavour the removal of all obstructions in that receipt Both Houses past a Declaratory Vote that nothing should be binding between the King and Parliament till all were concluded in the Treaty Major Miles Corbet a Member of the House being assaulted and wounded by some Cavaliers as he past in a Boat upon the Thames the Serjeant at Armes was ordered to apprehend the Malefactors Liberty given for Major Ashburnham to return into England to prosecute his Composition 30. Debate of an Ordinance for raising a hundred thousand pounds for pay of arrears of reduced Officers The Officers of the Committee of Haberdashers Hall coming to seise the goods of the Earl of Lauderdale who came with the late Scots Army to invade England they found a File of Musquetiers as a Guard to oppose them the House ordered the Militia of London to secure those guards and to give an account to the House of the business The Lord Admiral offered indemnity to the revolted Ships and the Prince offered the like indemnity to the Lord Admiral A Member of the House coming out of the City was assaulted by three Cavaliers but he and a Friend with him repulsed the Assaulters Colonel Rainsborough and a Captain with him upon the High way near London were assaulted by three others of the Kings party who after a little bickering ran away a Captain of the Army and a Major were in the like manner assaulted in London and both killed It was dangerous for any Member of the House or of the Army to walk without Company for fear of being assassinated and the Committee of Derby House were informed that a certain number of the Kings Party had combined to massacre eighty Members of the House of Commons whom they suspected averse to their hopes A Petition in the name of many thousands of Oxfordshire agreeing with the large Petition of the City against the Treaty Letters from the Head quarters of great want of pay for the Souldiers which forced them to take free-quarter and that it was to be feared neither the Country nor the Souldiery would long undergo it That Letters came to the General out of Scotland of the good corespondence betwixt Lieutenant General Cromwell and Argyle Letters came to the General from good hands and others from France of a design of the Cavaliers to stab him October 1648. 2. A Letter from his Majesty by Captain Titus That he will consent to confirm by Act of Parliament the sitting of the Assembly of Divines and the Directory of Worship for three years and the form of Church Government provided that the King and those of his judgment who cannot submit to it be not obliged to comply That a free consultation and debate with the Assembly be had in the mean time twenty of his Majesties nomination being added to them whereby it may be determined how Church Government and the form of publick Worship shall be after that time and how Religion may be settled and the Articles determined and care taken for the ease of tender Consciencs Concerning the Bishops lands and revenues his Majesty will consent to Acts of Parliament whereby legal Estates for lives or for ninety nine years shall be made of those lands towards satisfaction of purchasers or others to whom they are ingaged or his Majesty will order some other way for their further satisfaction providing that the propriety and Inheritance of those lands may still remain to the Church That his Majesty will consent to Acts for the better observation of the Lords day for suppressing innovations in Gods worship and for the advancing of Preaching And to acts against Pluralities and Non-residencies for regulating the Vniversities and Colledges for the better discovery and conviction of Popish Recusants and
The King desired that in respect sentence of death was past upon him and the time of his execution might be nigh that the House would give him leave to see his Children and that he might have D r Juxon to be private with him in his Chamber and to give him the Sacrament This was ordered accordingly and Dr. Juxon preached before the King in his private lodgings this night at White-Hall 28. The Commissioners of the High Court of Justice kept a Fast in the Chappel at White-Hall 29. The House sate early and one of the secluded Members coming in they Voted That such Members as 5. Dec. last Voted that the Kings concessions were a ground of setling peace in this Nation should not be readmitted but disabled to sit as Members for the future The Dutch Ambassadours had their Audience in the House they read their Instructions and Credentials in French and promised Copies of them in English to morrow but would not part with the Originals Their business was to interceed for the Kings life and to preserve a fair correspondence betwixt this Nation and the States An Act passed for alteration of names and forms in Writs Grants Patents procedings in Courts c. That in England Ireland and Berwick c. instead of the style title and teste of the King shall be used Custodes libertatis Angliae Authoritate Parliamenti c. That the date shall be the year of our Lord and no other That instead of the former words Juratores pro Domino Rege c. the words now to be used shall be Juratores pro Republica Instead of the words Contra pacem dignitatem vel Coronam nostram the words shall be Contra pacem Publicam That all Writs Patents Commissions c. shall stand good notwithstanding the death of the King The High Court of Justice sate and appointed the time and place for the Execution of the King The Kings Children came from Syon-House tovisit him at S t Iames's he took the Princess in his Arms and kissed her and gave her two Seals with Diamonds and prayed for the blessing of God upon her and the rest of his children and there was great weeping The Prince Elector the Duke of Richmond and others made suit to see him which he refused Letters from Scotland that the Ministers there preach against the Army in England and the proceedings against their King they say they are bound by their Covenant to preserve Monarchy and that in the Race of the present King That their Parliament have passed several votes against those that were in the late ingagament against England Letters that Prince Rupert was at Sea with about fourteen of the revolted Ships and took divers Merchant men the Parliament having no Ships abroad The Commissioners met at Mr. Browns House where the Seal lay to have had a Private Seal but by reason of my Lord Grey's absence who had the key and because of the sentence given against the King they did not seal any thing but they heard divers Petitions 30. The King walked from St. James's through the Park guarded with a Regiment of Foot and Partisans to White-Hall Divers Gentlemen went bare before him D r Juxon followed next to him and Colonel Thomlinson had the charge of him they brought him to the Cabinet-Chamber where he continued at his devotion He refused to dine having before taken the Sacrament but about twelve a clock at noon he drank a Glass of Claret Wine and eat a piece of Bread from thence he went with D r Juxon Colonel Thomlison Colonel Hacker and the Guards through the Banqueting House adjoyning to which the Scaffold was erected it was hung round with black and the Floor covered with black and the Ax and block laid in the middle of it Divers Companies of Foot and Horse were on every side of the Scaffold and great multitudes of People came to be spectators the King looked earnestly on the Block asked if there were no place higher and directing his speech to the Gentlemen upon the Scaffold he spake to this effect I shall be very little heard of any Body here I shall therefore speak a word unto you here indeed I could hold my peace very well if I did not think that holding my peace would make some men think that I did submit to the guilt as well as to the punishment but I think it is my duty to God first and to my Country for to clear my self both as an honest man and a good King and a good Christian I shall begin first with my innocency in troth I think it not very needful for me to insist long upon this for all the world knows that I never did begin a War with the two Houses of Parliament and I call God to witness to whom I must shortly make an account that I never did intend for to incroach upon their priviledges They began upon me it is the Militia they began upon they confest that the Militia was mine but they thought it fit to have it from me and to be short if any Body will look to the dates of Commissions theirs and mine and likewise to the Declarations they will see clearly that they began these unhappy troubles not I. So that as to the guilt of these enormous Crimes that are laid against me I hope in God that God will clear me of it I will not I am in Charity God forbid that I should lay it upon the two Houses of Parliament there is no necessity of either I hope they are free of this guilt for I do believe that ill Instruments between them and me have been the chief cause of all this Blood-shed so that by way of speaking as I find my self clear of this I hope and pray God that they may too Yet for all this God forbid that I should be so ill a Christian as not to say that Gods judgments are just upon me many times he does pay justice by an unjust sentence that is Ordinary I only say this that an unjust sentence that I suffered for to take effect is punished now by an unjust sentence upon me that is so far I have said to shew you that I am an innocent man Now for to shew you that I am a good Christian I hope there is a good man pointing to Dr. Juxon that will bear me witness that I have forgiven all the world and even those in particular that have been the Chief causers of my Death who they are God knows I do not desire to know I pray God forgive them But this is not all my Charity must go further I wish that they may repent for indeed they have committed a great sin in that particular I pray God with St. Stephen that this be not laid to their Charge nay not only so but that they may take the right way to the peace of the Kingdom for Charity commands me not only to forgive particular men but
Pawlets composition at three thousand seven hundred and sixty pound allowed and four thousand and two hundred pound for the Lord Pawlet An Act for a new Seal for the Courts of Wales and for Powell Eltonhead Parker and Clerk to be Judges there Letters from Scotland that the Parliament resolved to raise an Army of seventeen thousand Foot and six thousand Horse against the Sectarian Army in England in prosecution of the Covenant they having a report that an Army of English was upon their Borders That Colonel Monroe and Colonel Fizen with a party of Horse and Foot in the Northern parts of Scotland having Declared for King Charles II. taken Enderness and increased to four thousand the Scots Parliament repealed their votes of raising an Army against England and Ordered Forces against Monroe and his Party Pontefract desired a Treaty and were full of sickness in the Garrison 6. Report from the Council of State of forty thousand Horse and Foot to be kept up in England and Ireland whereof twelve thousand for Ireland their pay to be eighty thousand pound per mensem and free-quarter to be taken off Mr. Cauton a London Minister in his Prayer before the Lord Mayor having prayed for Charles II. as lawful King referred to Mr. Steel and Mr. Coke to prosecute him in the Upper Bench for Treason upon the late Declaration Letters of proclaiming King Charles II. in Guernsey Island by Sir George Carteret Letters from Holland that the Ministers there in their Pulpits inveigh against the proceedings in England and Pray for King Charles II. Referred to the Council of State to consider what is fit to be done herein and to preserve a good correspondence betwixt the two Nations The Earl of Cambridge brought before the High Court and asked what he had further to say why sentence should not be pronounced against him spake to the same effect as formerly The Earl of Holland and Lord Goring extenuated what they could their Offences as being rash not much hurtful c. The Lord Capel briefly repeated what he had formerly said and further observed an Ordinance of Parliament That Quarter should not be given to Irish Rebels for life which implyed that quarter given to others should be inviolable for life Sir John Owen pleaded quarter The President in his Scarlet robes spake many hours in answer to the several pleas of the Prisoners and at last sentence was given against them all that their heads should be severed from their Bodies yet with relation to the Mercy of Parliament 7. Referred to a Committee to draw up an Act for taking off all priviledge from Noblemen and to make their persons as liable to Law as any Commoner An Act committed for taking away Kingly Government and another for dissolving the House of Peers The Earl of Warwick and the Countess of Holland presented a Petition for the life of the Earl of Holland and divers Ladies for the others against whom the High Court had pronounced sentence of Death After some hours Debate upon these Petitions the House resolved upon the Question not to proceed any further upon these Petitions but to leave them to the Justice of the Court that sentenced them Then the Ladies Petitioned the High Court who only reprieved the Execution for two daies 8. A New form for electing Members of the House assented to Order that the Council of State nor Committees do not sit after nine in the Morning when the House sits Orders for seventy thousand pound per mensem for the Forces in England and thirty thousand pound per mensem for the Forces in Ireland and for an Act for eighty thousand pound per mensem assessment for the Forces and free quarter to be taken off New Petitions of the condemned Lords and a Letter from the General touching their Articles and after a long Debate the Question was put of them severally and voted That the Lord Capel should not be reprieved And carried by one vote that the Lord Goring should be reprieved this one vote was the Speaker who carried the House being equally divided four and twenty of each part and he said he did it because he had formerly received some civilities from the Lord Goring and his single vote now saved his life The House was also divided upon the question whether the Earl of Holland should be reprieved or not and the Speaker gave his voice against him Thus the Lord Goring who had been no friend to the Religious party was saved and the Earl of Holland who had been a most civil person to all and a very great friend to the old Puritans and protected them in the time of his greatest interest by the same single Vote lost his life This may be a caution to us against the affectation of popularity when you see the issue of it in this Noble Gentleman who was as full of Generosity and Courtship to all Sorts of Persons and readiness to help the oppressed and to stand for the rights of the people as any person of his quality in this Nation Yet this person was by the Representatives of the people given up to execution for Treason and another Lord who never made profession of being a friend to liberty either Civil or Spiritual and exceeded the Earl as much in his Crimes as he came short of him in his popularity the life of this Lord was spared by the people The resolution touching Duke Hamiltons Reprieve past in the Negative and for Sir Jo. Owen in the Affirmative and these Votes ordered to be sent to the High Court of Justice 9. Amendments to an Act for provision for the Forces of England and Ireland assented to The House rose early being thin because of the execution of the Lords The Earl of Cambridge was brought to the Scaffold in the Palace-Yard at Westminster and after some discourse with Dr. Sibbalds a Minister that came with him he turned to the people and seeing them so great a multitude he said his voice would not serve for them to hear him and therefore directed his speech to those upon the Scaffold with him He confessed his Religion to be according to that of the Kirk of Scotland that he had ever been Loyal to the late King and wished well to his Posterity and that none more desired the peace and happiness of this and other Kingdoms than himself That his coming into England with the late Army was out of no Treasonable or ill intent but for the ends contained in the Scots Declaration and what he did was as a servant to that Parliament and Kingdom That in that imployment next to the setling of Religion the establishing the King was his greatest aim and he wished his blood in order to the Kingdom might be the last that should be spilt That if he would have confessed who invited the Scots Army into England it would probably have saved his life Then he made a short Prayer Dr. Sibbalds kneeling with
be given them nor would they agree to surrender to Mercy but upon Reverence which was consented unto That they took the Governour and the Capt. of the Moss-Troopers and 60 Souldiers That two of the most notorious of them and the Captain were shot to death upon the Place They took in it many Arms 60 Horse which they had taken from the English and released 10 English prisoners and demolished the House That Middleton laid down his Arms upon condition that the King should be forthwith Crowned and the Estates and Kirk ordered him to take his Command again That Recruits were come from England to the Army That the G. and his Officers kept a Fast-day The House had a very long and smart Debate touching the Act for putting all the Books of Law and 〈◊〉 Process and Proceedings in Courts of Justice into the English Tongue in which Debate some spake in Derogation and Dishonour of the Laws of England For some vindication whereof and for satisfying some Mistakes one of the Members delivered his Opinion in the House to this Effect Mr. Speaker The Question upon which your present Debate ariseth is of no small moment nor is it easily or speedily to be determined for it comprehends no less than a total alteration of the Frame and Course of Proceedings of our Law which have been established and continued for so many years I should not have troubled you with any of my weak Discourse but that I apprehend some mistakes and Dishonour to the Law of England if passed by without any Answer may be of ill consequence and having attended to hear them answered by others who are not pleased to do it I held my self the more engaged in the Duty of my Profession to offer to your judgment to which I shall always submit what I have met with and do suppose not to be impertinent for the rectifying of some Mistakes which are amongst us A worthy Gentleman was pleased to affirm with much confidence as he brought it in upon this Debate That the Laws of England were introduced by William the Conqueror as among other Arguments he asserted might appear by their being written in the French Tongue In his first Assertion That our Laws were introduced by William the Conqueror out of France I shall acknowledge That he hath several both Foreign and Domestick Authors whom he may follow therein The Foreign Authors are Jovius Aemilius Bodine Hottoman Dynothus Volateran Berault Berkley Choppinus Uspargensis Malines and Polydore who affirm this erroncous piece of Doctrine but the less to be regarded from them because they were strangers to our Laws and took up upon trust what they published it this point Of our own Countreymen they have Paris Malmesbury Matthew Westminster Fox Cosins Twyne Heyward Milles Fulbeck Cowell Ridley Brown Speed Martin and some others All of them affirm That the Laws of England were introduced by William the Conqueror But their Errors are refuted by Sir Roger Owen in his Manuscrit who saith that Roger Wendover and Mat. Paris were the first Monks that hatched these addle Eggs. I shall endeavour to shew you That the Original of our Laws is not from the French that they were not introduced by William the Conqueror out of Normandy And I shall humbly offer to you my Answer to some of their Arguments who are of a contrary Opinion Polydore Hist Angl. L. 9. Affirmeth That William the Conqueror first appointed Sheriffs and Justices of the Peace erected Tenures brought in Trials by 12 men and several other Particulars of our Laws For Sheriffs their Name Scire Reeve shews them to be of the Saxon Institution And our Histories mention the Division of Shires by King Alphred but in truth it was much more ancient And it is apparent by our Books and Records some whereof are in the Hustings of London and in the Tower that the same things were in use here long before the Time of King W. I. Sir Roger Owen shews at large that Livery of Seisin Licenses or Fines for Alienation Daughters to inherit Trials by Juries Abjurations Utlaries Coroners Disposing of Lands by Will Escheats Gaoles Writs Wrecks Warranties Catalla Felonum and many other parts of our Law and the Forms of our Parliaments themselves were here in being before the time of Duke William Agreeing hereunto are many of our Historians and Learned Antiquaries But it is Objected That in the Grand Customary of Normandy the Laws are almost all the same with ours of England and the form of their Parliaments the same with ours That the Writer of the Preface to that Book saith it contains only the Laws and Customs which were made by the Princes of Normandy by the Counsel of their Prelates Earls Barons and other wise men which shews the forms of their Parliament to be the same with ours and the Laws in that Book to be the proper Laws of Normandy and ours to be the same therefore they argue that our Laws were introduced from thence by William the Conqueror This will be fully answered If that Grand Customary of Normandy was composed in our King E. 1. his time as good Authors hold it was then it cannot be that our Laws or Parliaments could be derived from thence These Learned men say That this Customary was a meer Translation of our Law-Book Glanvill as the Book of Regia Majestas of the Laws Scotland is and the like of the Laws of Burgundy They further add That the first establishing of the Customary of Normandy was in H. 1. his time and afterwards again about the beginning of E. 2. his time If the Laws in the Customary were introduced there from England it will then be granted that the Laws of England were not inoroduced here by William the Conqueror But I think it very clear that their Laws were brought to them cut of England and then you will all agree to the Conclusion Our King H. 1. Conquered Normandy from his Brother Robert and was a Learned King as his Name Beauclerk testifies whom Juo calls An especial Establisher of Justice Sequerius relates That this King established the English Laws in Normandy Herewith do agree Gulielmus Brito Armoricus Rutclarius and other French Writers who mention also that the Laws in the Customary of Normandy are the same with the Laws collected by our English King Edward the Confessor who was before the Conqueror An additional Testimony hereof is out of William de Alenson Revile who in his Comment upon the Customary saith That all the Laws of Normandy came from the English Laws and Nation In the Customary there is a Chapter of Nampes or Distresses and Decreed that one should not bring his Action upon any Seisure but from the time of the Coronation of King Richard and this must be our King Richard 1. because no King of France was in that time of that Name and the Words Nampes and Withernams were Saxon Words taken out of the English Laws signifying a Pawn or Distress
affairs Several Officers approved 26. Days of publick Humiliation appointed The Bill past for the Militia 27. Address from Dunkirk Forces Letters to the Parliament from the King of Sweden An Address from Scotland and several others to the Parliament 28. Referred to the Council of State to draw an Answer to the King of Sweden's Letter This was put upon Whitelocke and all other matters relating to that Crown and those parts Divers Officers received their Commissions 29. Referred to the Council to take security of the Duke of Bucks to be faithfull to this Government which they did Order for the monies gathered for Piedmont and Poland to be paid into the Exchequer which Whitelocke opposed 30. Whitelocke brought into the House the Bill of Vnion of England and Scotland General Monk and divers other Officers approved The Lady Mary Howard the Earl of Berkshire's Daughter and others were examined by Whitelocke President of the Council and the Parliament ordered them to be brought to Tryal for Treason Information of new Plots of the Cavaliers to bring in the King 31. Many persons were examined by the Council about a new Conspiracy which was evidently proved The Council sate all day and almost all night for a good while together Letters from Sir Robert Howard about his Horse being seized and protesting his Resolution to be quiet and not to joyn in the present Conspiracies August 1659. 1. A Day appointed to consider of the Regulation of the Law and Courts of Justice Divers Officers received their Commissions 2. The House was in a Grand Committee upon the Bill of Vnion of England and Scotland The Parliament were busie in the treaties with the Dutch and between the Kings of Sweden and Poland Many Commissions given in the House 3. The Fast Day kept in the House Letters of the Insurrections in several parts of the Nation Letters that Colonel Massey was taken in Gloucester-shire and mounted before a Trooper to take care of him and to bring him Prisoner to Gloucester but riding down a steep Hill the weather being wet and dark night in a great Wood the Horse slipt and fell down which Massey caused by checking of him and in the fall Massey got away into the Wood and being dark crept into a Bush and the whole Troop could not find him out but he escaped and got the next Morning to a Friends House where he was concealed about a fortnight after Intelligence of the great Insurrection under Sir George Booth in Cheshire 4. The Council of State were full of perplexity upon the several Intelligences of risings in Divers parts of the Nation and gave out their Orders for the Forces of the Parliament to meet and oppose them all which passed under Whitelocke's Hand it being his turn at this time to be President of the Council 5. Skippon and the rest of the Officers of the Militia of London approved by the House Letters of the Insurrections in the Worcestershire Circuit from the Judges referred to the Council The Parliament were busie in ordering Militia Forces More Intelligence of Sir Geor. Booth's heading the Insurrection in Cheshire and Lancashire and divers Principal Gentlemen joyning with him particularly Major Brook a Member of this Parliament and the Earl of Derby appeared with divers others in Lancashire they set forth a Declaration but did not name the King in it The Presbyterian Ministers did labour to further this rising The Council of State with great care and Vigilancy sent away Major General Lambert with three Regiments of Horse one of Dragoons and three Regiments of Foot and a Train of Artillery and ordered other Forces to meet and joyn with him for the suppressing of Sir George Booth and his party who were about four thousand strong 6. Lambert marched forth and the Council ordered messengers to bring Intelligence from him twice or thrice a day Several risings in other parts were defeated by the Parliaments Forces which were near them all the Letters were brought to Whitelocke and divers at midnight yet he in his bed directed answers by his Secretaries and sent them away forthwith when the Council could not meet 7. The House was called and the absent Members fined Mr. Bunch 100 l. Mr. Brook 100 l. and the rest 20 l. a piece the House proceeded in their usual business 8. Whitelocke being President of the Council Voted by the House That the President have power by Warrant under his Hand and Seal to commit any of those that should be brought to him for a fortnights time 9. The House debated upon the Government they ordered the Lord Mayor and Aldermen of London to attend the Council of State this day A Proclamation past and was published declaring Sir George Booth and his adherents to be Rebels and Traytors 10. The Congregational Churches desired leave to raise three Regiments for the Parliament and had their willing consent to it The Lord Mayor and Aldermen of London being with the Council of State the President declared to them by command of the Council The designs of the Enemy the care and Vigilancy of the Parliament and Council the taking some of the Conspirators and defeating their designs their intentions of destroying all that had been of the Parliaments party and to bring in the King Then he caused the Proclamation to be read it not being then published and after the reading of it he in the name of the Parliament and Council gave thanks to the City for their good affections and faithfull adhering to the Parliament wherein their own and the whole Nations safety and Peace was concerned and desired them to persitd therein News that Lambert was advanced to Lichfield where all his Forces were to Randezvous 11. Orders touching the Militia Forces and a Petition read of the Lord Craven 12. The House proceeded in approving of Officers and giving their Commissions and received Letters from Lambert of his march The Council had intelligence every two or three hours from their Forces now that they began to draw near to the Enemy and they sate foorenoon and afternoon and very late at night and when they were not sate the President had power to receive all Letters and to break them open which he did many times in his bed and returned present answers to such as he might answer and if they were of extraordinary Consequence he sent the messengers to summon the Members of the Council to meet with as much speed as could be so that Lambert had orders and directions without any delay and all Provisions necessary 13. The House proceeded in the business of the Vnion with Scotland they gave many Commissions to Officers Several Lords as the Duke of Bucks de la Ware Oxford and Falkland were aprehended upon susspicion to be in the present Plot they were sent to Prison all except the Duke of Bucks News of Insurrections in several other places but
123 193 196. Newcastle 290. Wight 285 286 321 323 328 329 330 332 333 334 335 337 338 339 340 341 343 351. Trefusis 184. Trequair Earl 18 26 29 30. Trevilian 200. Trevor 24 45 72 209 372 397 400 402 434 474. Trevor 674. Trigg 286. Trollop 235. Van Trump 30 443 478 479 524 526 530 532 533 534 539 544 547 548 551 553 554. Trump 550 559 560. Tucker 70. Tuke 180 328. Tulidal 245 249. Tumult 25 26 43 49 51 161 242 261 262 263 290 292 297 298 299 303 304 305 412 413 512 548 550 691 696. Turner Doctor 3 520 581 643. Turpin 91. Tuscany Duke 572. Tussell 669. Tuthall 146. Twis 189 221 321. Twisden 189. Twisleton 307. Twisselden 438 589. Tyll 99. Tyrrell 56 139 160 162 673 687. V. VAlentine 12 13 14 238 250 376. Vandrusk 180 327 328. Vane Sir Henry 14 32 33 40 41 72 73 76 81 88 118 120 122 151 152 188 191 236 239 254 329 376 382 392 425 474 503 509 519 670 671 676 678 679 680 681 683 684 686 688 689. Vane Charles 442 Van Garres 130. Vanlore 597. Vashall 11 181 238. Vavasour 73 92 185. Vaughan 82 139 184 186 196 197 209 269 356 418. Vaughan Col. 503. Venables 146 148 170 286 399 400 402 413 419 427 436 437 443 444 448 503 511 513 515 524 528 531 532 534 617. Vendosme Duke 538. Venn 201 202. Vermuden 144. Verney 61 167 412. Vernon 24 277. Vincent 643. Viner 557. Vines 119 122 123 127 336 339. Vision 566. Vivers 191. Vdall Sir Will. 59 105. Undertakers 39. Union of England and Scotland 498 503 504 505 506 507 521 522 523 548 570 644 680 681 682 683. Votes 9 12 37 39 47 50 51 54 55 57 58 59 60 62 159 205 206 209 210 213 220 224 226 234 236 238 243 251 255 257 258 259 260 263 264 267 273 276 279 283 287 292 302 303 306 311 321 324 337 341 343 353 356 360 361 371 372 392 397 397 403 406 410 433 489 490 512 513 590 591 680 681 682 685 697 698 700. Vowell 196 583 585. Vrsey 310. Vsher 396 632. See Armagh W. WAger 681. Wagstaffe 66 409. Wainwaring 185. Wake 297. Wakerly 209 241. Wakes 16. Waie 689. Walford 254. Walker 109 187 188 197 263 333 375. Walker Doctor 393 520 599 691. Wall 643. Waller 63 66 396. Waller Sir Hardresse 184 191 193 194 207 209 237 260 284 288 295 300 303 308 322 340 362 440 456 460 473 474 475 537 687 690. Waller 351 362. Waller 692. Waller Sir Will. 64 67 69 70 71 74 81 85 86 87 88 89 90 97 99 100 101 102 104 118 119 121 126 127 129 130 131 132 133 134 135 140 188 237 245 256 264 268 270 290 356 382. Wallington 672. Wallis 544. Wallop 191 376 424 425 671 685. Walrond 324 325 451 519. Walshingham 230. Walter Chief Baron 11 16. Walton 114 376 425 474 671 678 682 683 684 685 686. Walton Doctor 645. Walwyn 381 383 385 387 408. Wandsford 6 45 228 232 237 272. War with Spain 2. With France 8. Warburton 244 390 392. Warcup 497. Ware 91 100 121. De la Ware Lord 675. Wareston 103 154 309 461 483 512 513 525 544 548 560 678 679 681. Waring 268 676. Warner 170 248 274 341 407. Warren 89 102. Warwick Earl 35 37 55 57 68 73 74 81 82 86 87 88 89 136 137 138 141 162 188 191 203 229 247 252 265 303 307 308 322 328 329 330 334 338 343 377 378 653 654 657. Warwick 210 211. Washburn 136. Wats 654. Watkins 234. Watson 151 360. Wayt 79 307 328. Weames 400. Weaver 274 533 573 642 685 687. Web 170 192 654. Webster 90. Weer 80. Welby 643. Welch 557 570 571. Welch 472 476 487. Weld 222 300. Welden 132 136 140 141 166 184 189 209 213 295 305 309 340 342 352. Wentworth Sir Tho. 3 13 17. See Strafford Wentworth Sir Peter 152 155 545. Wentworth Lord 156. Wentworth Sir John 332. West 138 267 305. Westmeath Earl 253 268. Westmorland Earl 78 138. Weston Sir Richard 3 22 24 45 188. Weston 314 326. Whaly 643. Whaly 679. Whaly 132 157 161 188 189 194 197 198 206 208 210 211 212 234 246 254 255 269 279 280 284 295 306 307 311 313 316 354 375 378 387 388 451 455 469 483 490 507 508 560 574 657 667. Wharton Lord 56 61 151 158 186 188 657. Wharton Col. 209 230 273. Whetham 683 685. Whichcoat 361 376 685. Whichcoat 98. White 70 122 139 149 196 230 247 256 362 386 444. White Col. 658. Whitefield 103. Whitford 444. Whitgift 28. Whitehead 82. Whiting 425. Whitelock Judge 2 11 13 15 17 32 37. Whitelock Bulstrode 18 24 37 39 40 41 43 48 56 59 60 63 64 66 84 105 106 107 108 110 111 113 114 118 120 122 124 125 137 148 149 150 151 152 153 154 155 156 161 162 166 167 199 203 219 253 259 260 271 289 294 295 296 299 308 319 322 337 344 347 355 357 358 359 362 364 366 372 374 376 377 378 380 382 388 391 394 396 397 399 400 405 411 425 444 474 508 513 522 527 528 539 542 544 556 558 559 570 571 572 574 576 580 581 583 588 590 591 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 644 645 646 647 653 654 656 657 658 665 666 667 668 669 670 671 673 674 676 677 678 679 680 681 682 683 684 685 686 687 688 690. Whitelock James 484 497 521. Whitemoor 129 Widdrington Lord 86 92 391 495. Widdrington Sir Thomas 256 294 295 296 299 337 338 340 343 351 355 356 357 358 359 362 364 365 366 367 372 474 504 544 576 588 639 645 666 687. Wigmoor 83. Wilcox 169. Wild 67 73 79 117 337 338 344 372 376 380 387. Wildman 289 290 293 321 599 685. Wilks 672. William of Nassan 550 595 597 598. Williams 100 111 170 185 200 206 208 212 219. Williams 509 549. Williams Bishop 391. Williams Sir Trevor 399. Willis 76 82 185 190. Willoughby of Parham 57 61 68 72 73 77 78 79 188 191 243 271 289 290 291 292 295 306 319 320 322 342 358 382 447 458 514 518 519 522 523 543 658 684. Willoughby 142 144 228 229 280 320 405. Wilmot 34 44 67 69 89 319 503 504. Wilson 70 322 363 376 384 390 394 398 425 428. Wilshire 255. Wimbleton Lord 2. Winchelsea Earl 695. Winchester Countess 196. Windham 116 154 156 399 412. Windham Sergeant 581 665 668 687. Windham 674. Windram 423. See Libberton Wingfield 236. Winstanley 383. Winston Doctor 529. Winton Marquess 184 194 211 224 227 232 262 286 288 380 400. Winter Sir John 85 129 130 139 169 342 343 347 350. Winter 407 408 534 667. Winter Rob. 672. Winwood 56 63 500. Witches 418 434 449 520 522 550. Witheridge 681. Withers 206 223 258.